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Senate Bill 2764

Senate Bill sb2764

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005        (NP)                      SB 2764

    By Senator Campbell





    32-1887-05                                         See HB 1479

  1                      A bill to be entitled

  2         An act relating to the North Springs

  3         Improvement District, Broward County;

  4         codifying, amending, reenacting, and repealing

  5         chapters 71-580, 84-398, 85-387, 87-505,

  6         89-440, 91-353, 92-245, 94-445, and 96-537,

  7         Laws of Florida, relating to the district;

  8         providing legislative intent; deleting

  9         gender-specific references; providing a

10         district charter; providing an effective date.

11  

12  Be It Enacted by the Legislature of the State of Florida:

13  

14         Section 1.  In accordance with section 189.429, Florida

15  Statutes, this act constitutes the codification of all special

16  acts relating to the North Springs Improvement District. It is

17  the intent of the Legislature in enacting this law to provide

18  a single, comprehensive special act charter for the district,

19  including all current legislative authority granted to the

20  district by its several legislative enactments and any

21  additional authority granted by this act.

22         Section 2.  Chapters 71-580, 84-398, 85-387, 87-505,

23  89-440, 91-353, 92-245, 94-445, and 96-537, Laws of Florida,

24  relating to the North Springs Improvement District are

25  codified, amended, reenacted, and repealed as herein provided.

26         Section 3.  The charter for the North Springs

27  Improvement District is re-created and reenacted to read:

28         Section 1.  Creation of the district ratified and

29  approved; change of name of district to North Springs

30  Improvement District.--The decree of the circuit court in and

31  for the Seventeenth Judicial Circuit in and for Broward

                                  1

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  County, Florida, entered in Case Number 71-1724, creating and

 2  incorporating the North Springs Drainage District as a public

 3  corporation of this state, and all subsequent proceedings

 4  taken in the circuit court concerning that district, are

 5  hereby ratified, confirmed, and approved, except that the

 6  boundaries of said district shall be as hereinafter described.

 7  The North Springs Drainage District shall henceforth be known

 8  by the name of North Springs Improvement District, and shall

 9  continue to be a public corporation of this state and have

10  perpetual existence. All lawful debts, bonds, obligations,

11  contracts, franchises, promissory notes, audits, minutes,

12  resolutions, and other undertakings of the North Springs

13  Drainage District are hereby validated and shall continue to

14  be valid and binding on the North Springs Improvement District

15  in accordance with their respective terms, conditions,

16  covenants, and tenor. Any proceeding heretofore begun by the

17  North Springs Drainage District under chapter 298, Florida

18  Statutes, or any other law, for the construction of any

19  improvements, works, or facilities, for the assessment of

20  benefits and damages, or for the borrowing of money shall not

21  be impaired or avoided by this act, but may be continued and

22  completed in the name of the North Springs Improvement

23  District.

24         Section 2.  Boundaries.--The boundaries of the district

25  shall be:

26  

27         A tract of land being Sections 5, 6, 7, 8, 9

28         and 10, a portion of Sections 3 and 4, all in

29         Township 48 South, Range 41 East, Broward

30         County, Florida, and Sections 31, 32 and 33,

31  

                                  2

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1         Township 47 South, Range 41 East, Broward

 2         County, Florida, described as follows:

 3  

 4         BEGINNING at the southwest corner of said

 5         Section 7;

 6  

 7         thence North 00°03'12" West (Bearings are

 8         relative to State Plane Coordinates as shown on

 9         STONER/KEITH RESURVEY OF A PORTION OF TOWNSHIP

10         47 SOUTH, RANGE 41 EAST, ALL OF TOWNSHIP 48

11         SOUTH, RANGE 41 EAST, & ALL OF TOWNSHIP 49

12         SOUTH, RANGE 41 EAST, according to the plat

13         thereof, recorded in Miscellaneous Plat Book 3

14         at Page 44 of the Public Records of said

15         Broward County), along the west line of the

16         Southwest Quarter (SW 1/4) of said Section 7, a

17         distance of 2647.42 feet to the northwest

18         corner of said Southwest Quarter (SW 1/4);

19  

20         thence continue North 00°03'12" West, along the

21         west line of the Northwest Quarter (NW 1/4) of

22         said Section 7, a distance of 2647.42 feet to

23         the northwest corner of said Section 7 and the

24         southwest corner of said Section 6;

25  

26         thence North 00°02'58" West, along the west

27         line of the Southwest Quarter (SW 1/4) of said

28         Section 6, a distance of 3252.81 feet to the

29         northwest corner of said Southwest Quarter (SW

30         1/4);

31  

                                  3

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1         thence North 00°02'27" West, along the west

 2         line of the Northwest Quarter (NW 1/4) of said

 3         Section 6, a distance of 3253.12 feet to the

 4         northwest corner of said Section 6 and the

 5         southwest corner of said Section 31;

 6  

 7         thence North 00°03'47" West, along the west

 8         line of the Southwest Quarter (SW 1/4) of said

 9         Section 31, a distance of 2642.42 feet to the

10         northwest corner of said Southwest Quarter (SW

11         1/4);

12  

13         thence continue North 00°03'47" West, along the

14         west line of the Northwest Quarter (NW 1/4) of

15         said Section 31, a distance of 2642.42 feet to

16         the northwest corner of said Section 31;

17  

18         thence South 89°52'50" East, along the north

19         line of said Northwest Quarter (NW 1/4), a

20         distance of 2246.01 feet to the northeast

21         corner of said Northwest Quarter (NW 1/4);

22  

23         thence South 89°52'10" East, along the north

24         line of the Northeast Quarter (NE 1/4) of said

25         Section 31, a distance of 2245.70 feet to the

26         northeast corner of said Section 31 and the

27         northwest corner of said Section 32;

28  

29         thence North 89°36'52" East, along the north

30         line of the Northwest Quarter (NW 1/4) of said

31         Section 32, a distance of 2640.43 feet to the

                                  4

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1         northeast corner of said Northwest Quarter (NW

 2         1/4);

 3  

 4         thence North 89°37'21" East, along the north

 5         line of the Northeast Quarter (NE 1/4) of said

 6         Section 32, a distance of 2639.40 feet to the

 7         northeast corner of said Section 32 and the

 8         northwest corner of said Section 33;

 9  

10         thence North 89°36'55" East, along the north

11         line of the Northwest Quarter (NW 1/4) of said

12         Section 33, a distance of 2640.59 feet to the

13         northeast corner of said Northwest Quarter (NW

14         1/4);

15  

16         thence North 89°36'56" East, along the north

17         line of the Northeast Quarter (NE 1/4) of said

18         Section 33, a distance of 2640.59 feet to the

19         northeast corner of said Section 33;

20  

21         thence South 01°21'19" East, along the east

22         line of said Northeast Quarter (NE 1/4), a

23         distance of 2638.16 feet to the southeast

24         corner of said Northeast Quarter (NE 1/4);

25  

26         thence South 01°21'20" East, along the east

27         line of the Southeast Quarter (SE 1/4) of said

28         Section 33, a distance of 2638.16 feet to the

29         southeast corner of said Section 33 and the

30         northeast corner of said Section 4;

31  

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1         thence South 89°44'30" West, along the north

 2         line of the Northeast Quarter (NE 1/4) of said

 3         Section 4, a distance of 60.00 feet to the most

 4         westerly corner of that parcel of land

 5         described in Official Record Book 55 at Page

 6         500 of said Public Records of Broward County;

 7  

 8         thence South 45°33'09" East, along the

 9         southwesterly line of said parcel, a distance

10         of 85.29 feet to the most southerly corner of

11         said parcel on the east line of said Northeast

12         Quarter (NE 1/4);

13  

14         thence South 00°50'47" East, along said east

15         line, a distance of 3303.78 feet to the

16         southeast corner of said Northeast Quarter (NE

17         1/4) and the northwest corner of the Southwest

18         Quarter (SW 1/4) of said Section 3;

19  

20         thence South 89°52'36" East, along the north

21         line of said Southwest Quarter (SW 1/4), a

22         distance of 2640.57 feet to the northeast

23         corner of said Southwest Quarter (SW 1/4);

24  

25         thence South 89°52'36" East, along the north

26         line of the Southeast Quarter (SE 1/4) of said

27         Section 3, a distance of 2639.23 feet to the

28         northeast corner of said Southeast Quarter (SE

29         1/4);

30  

31  

                                  6

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1         thence South 00°53'22" East, along the east

 2         line of said Southeast Quarter (SE 1/4), a

 3         distance of 3401.43 feet to the southeast

 4         corner of said Section 3 and the northeast

 5         corner of said Section 10;

 6  

 7         thence South 00°59'18" East, along the east

 8         line of the Northeast Quarter (NE 1/4) of said

 9         Section 10, a distance of 2637.04 feet to the

10         southeast corner of said Northeast Quarter (NE

11         1/4);

12  

13         thence South 00°59'17" East, along the east

14         line of the Southeast Quarter (SE 1/4) of said

15         Section 10, a distance of 2637.03 feet to the

16         southeast corner of said Section 10;

17  

18         thence North 89°25'05" West, along the south

19         line of said Southeast Quarter (SE 1/4), a

20         distance of 2637.48 feet to the southwest

21         corner of said Southeast Quarter (SE 1/4);

22  

23         thence continue North 89°25'05" West, along the

24         south line of the Southwest Quarter (SW 1/4) of

25         said Section 10, a distance of 2637.47 feet to

26         the southwest corner of said Section 10 and the

27         southeast corner of said Section 9;

28  

29         thence North 89°26'06" West, along the south

30         line of the Southeast Quarter (SE 1/4) of said

31         Section 9, a distance of 2641.24 feet to the

                                  7

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1         southwest corner of said Southeast Quarter (SE

 2         1/4);

 3  

 4         thence continue North 89°26'06" West, along the

 5         south line of the Southwest Quarter (SW 1/4) of

 6         said Section 9, a distance of 2641.24 feet to

 7         the southwest corner of said Section 9 and the

 8         southeast corner of said Section 8;

 9  

10         thence North 89°25'53" West, along the south

11         line of the Southeast Quarter (SE 1/4) of said

12         Section 8, a distance of 2639.96 feet to the

13         southwest corner of said Southeast Quarter (SE

14         1/4);

15  

16         thence North 89°25'52" West, along the south

17         line of the Southwest Quarter (SW 1/4) of said

18         Section 8, a distance of 2639.96 feet to the

19         southwest corner of said Section 8 and the

20         southeast corner of said Section 7;

21  

22         thence North 89°46'06" West, along the south

23         line of the Southeast Quarter (SE 1/4) of said

24         Section 7, a distance of 2399.06 feet to the

25         southwest corner of said Southeast Quarter (SE

26         1/4);

27  

28         thence North 89°46'05" West, along the south

29         line of the Southwest Quarter (SW 1/4) of said

30         Section 7, a distance of 2399.06 feet to the

31         POINT OF BEGINNING.

                                  8

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  

 2         Said land being in Broward County, Florida.

 3  

 4         Containing 7040.325 acres, more or less.

 5  

 6         Section 3.  Applicability of certain provisions of

 7  chapter 298, Florida Statutes, to the North Springs

 8  Improvement District; inconsistent laws inapplicable.--The

 9  provisions of chapter 298, Florida Statutes, and all

10  amendments thereto, now existing or hereafter enacted, are

11  declared to be applicable to the North Springs Improvement

12  District insofar as not inconsistent with the provisions of

13  this act or any subsequent special acts relating to the North

14  Springs Improvement District. Notwithstanding the foregoing,

15  the provisions of sections 298.11, 298.12, 298.14, 298.15,

16  298.17, 298.18, 298.19, 298.20, 298.23, 298.24, 298.25,

17  298.401, 298.41, 298.48, 298.52, 298.54, 298.56, 298.57,

18  298.61, 298.70, 298.71, 298.73, and 298.74, Florida Statutes,

19  and amendments thereto, shall not be applicable to the North

20  Springs Improvement District.

21         Section 4.  Definitions.--Unless the context shall

22  indicate otherwise, the following words as used in this act

23  shall have the following meanings:

24         (1)  "Assessable improvements" includes without

25  limitation any and all drainage and land reclamation works and

26  facilities, sewer systems, storm sewers and drains, water

27  systems, streets, roads, school buildings and related

28  structures, parks, and recreational, cultural, and educational

29  facilities, streetlights, or other projects of the district,

30  or that portion or portions thereof, local in nature and of

31  special benefit to the premises or lands served thereby, and

                                  9

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  any and all modifications, improvements, and enlargements

 2  thereof.

 3         (2)  "Bond" includes "certificate," and provisions

 4  applicable to bonds shall be equally applicable to

 5  certificates. "Bond" includes general obligation bonds,

 6  assessment bonds, refunding bonds, revenue bonds, and such

 7  other obligations in the nature of bonds as are provided for

 8  in this act, as the case may be.

 9         (3)  "Board" means the Board of Supervisors of the

10  North Springs Improvement District, or if such board shall be

11  abolished, the board, body, or commission succeeding to the

12  principal functions thereof or to whom the powers given by

13  this act to the board shall be given by law.

14         (4)  "Cost," when used with reference to any project,

15  includes, but is not limited to, the expenses of determining

16  the feasibility or practicability of acquisition,

17  construction, or reconstruction; the cost of surveys,

18  estimates, plans, and specifications; the cost of acquisition,

19  construction, or reconstruction; the cost of improvements;

20  engineering, fiscal, and legal expenses and charges; the cost

21  of all labor, materials, machinery, and equipment; the cost of

22  all lands, properties, rights, easements, and franchises

23  acquired; federal, state, and local taxes and assessments;

24  financing charges; the creation of initial reserve and debt

25  service funds; working capital; interest charges incurred or

26  estimated to be incurred on money borrowed prior to and during

27  construction and acquisition and for such period of time after

28  completion of construction or acquisition as the board may

29  determine; the cost of issuance of bonds pursuant to this act,

30  including advertisements and printing, the cost of any

31  election held pursuant to this act, and all other expenses of

                                  10

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  issuance of bonds; discount, if any, on the sale or exchange

 2  of bonds; administrative expenses; such other expenses as may

 3  be necessary or incidental to the acquisition, construction,

 4  or reconstruction of any project or to the financing thereof,

 5  or the development of any lands within the district; and

 6  reimbursement of any public or private body, person, firm, or

 7  corporation for any moneys advanced in connection with any of

 8  the foregoing items of cost. Any obligation or expense

 9  incurred prior to the issuance of bonds in connection with the

10  acquisition, construction, or reconstruction of any project or

11  improvements thereon, or in connection with any other

12  development of land that the board of the district shall

13  determine to be necessary or desirable in carrying out the

14  purposes of this act, may be treated as a part of such cost.

15         (5)  "District" means the North Springs Improvement

16  District and "district manager" means the manager of the

17  district.

18         (6)  "Landowner" means the owner of the freehold

19  estate, as appears by the deed record, including trustees,

20  private corporations, and owners of cooperative and

21  condominium units; it does not include reversioners,

22  remaindermen, or mortgagees, who shall not be counted and need

23  not be notified of proceedings under this act.

24         (7)  "Project" means any development, improvement,

25  property, utility, facility, works, road, enterprise, service,

26  or convenience, now existing or hereafter undertaken or

27  established under the provisions of this act or under chapter

28  298, Florida Statutes.

29         (8)  "Sewer system" means any plant, system, facility,

30  or property and additions, extensions, and improvements

31  thereto at any future time constructed or acquired as part

                                  11

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  thereof useful or necessary or having the present capacity for

 2  future use in connection with the collection, treatment,

 3  purification, or disposal of sewage, including, without

 4  limitation, industrial wastes resulting from any processes of

 5  industry, manufacture, trade, or business or from the

 6  development of any natural resources; and, without limiting

 7  the generality of the foregoing, shall include treatment

 8  plants, pumping stations, lift stations, valves, force mains,

 9  intercepting sewers, laterals, pressure lines, mains, and all

10  necessary appurtenances and equipment, all sewer mains,

11  laterals, and other devices for the reception and collection

12  of sewage from premises connected therewith, and all real and

13  personal property and any interest therein, rights, easements,

14  and franchises of any nature whatsoever relating to any such

15  system and necessary or convenient for operation thereof.

16         (9)  "Water and flood control facilities" means any

17  canals, ditches, or other drainage facilities, reservoirs,

18  dams, levees, sluiceways, dredging holding basins, floodways,

19  pumping stations, or any other works, structures, or

20  facilities for the conservation, control, development,

21  utilization, and disposal of water, and any purposes

22  appurtenant, necessary, or incidental thereto, and includes

23  all real and personal property and any interest therein,

24  rights, easements, and franchises of any nature relating to

25  any such water and flood control facilities or necessary or

26  convenient for the acquisition, construction, reconstruction,

27  operation, or maintenance thereof.

28         (10)  "Water system" means any plant, system, facility,

29  or property and additions, extensions, and improvements

30  thereto at any future time constructed or acquired as part

31  thereof, useful or necessary or having the present capacity

                                  12

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  for future use in connection with the development of sources,

 2  treatment, or purification and distribution of water and,

 3  without limiting the generality of the foregoing, includes

 4  dams, reservoirs, storage tanks, mains, lines, valves, pumping

 5  stations, laterals, and pipes for the purpose of carrying

 6  water to the premises connected with such system, and all

 7  rights, easements, and franchises of any nature whatsoever

 8  relating to any such system and necessary or convenient for

 9  the operation thereof.

10         Section 5.  Board; election; organization; terms of

11  office; quorum; report and minutes.--

12         (1)  The board of the district shall be the governing

13  body of the district and shall exercise the powers granted to

14  the district under this act and under chapter 298, Florida

15  Statutes. The board shall consist of three members and, except

16  as otherwise provided herein, each member shall hold office

17  for a term of 4 years and until his or her successor shall be

18  chosen and shall qualify. A majority of the members of the

19  board shall be residents of Broward County, and all members

20  shall be residents of the state. All members of the board

21  shall be landowners within the district.

22         (2)  In the month of June of each fourth year

23  commencing June of 1972, there shall be held a meeting of the

24  landowners of the district at the office of the district in

25  Broward County, for the purpose of electing three supervisors

26  for said district. One supervisor shall be elected solely by

27  those landowners owning property within the city limits of the

28  City of Parkland, and this supervisor must be a landowner who

29  owns property within the city limits of the City of Parkland.

30  One supervisor shall be elected solely by those landowners

31  owning property within the city limits of the City of Coral

                                  13

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  Springs, and this supervisor must be a landowner who owns

 2  property within the city limits of the City of Coral Springs.

 3  One supervisor shall be elected at large by all landowners of

 4  the district, regardless of where his or her property is

 5  located. Candidates for each supervisor position will be

 6  nominated during the meeting of landowners, and the nominee

 7  who receives the highest number of votes for a supervisor

 8  position shall be declared elected. Notice of said landowners'

 9  meeting shall be published once a week for 2 consecutive weeks

10  in a newspaper in Broward County which is in general

11  circulation within the district, the last of said publication

12  to be not less than 14 days nor more than 28 days before the

13  date of the election. The landowners when assembled at such

14  meeting shall organize by electing a chair that shall conduct

15  the meeting. At such meeting each landowner shall be entitled

16  to cast one vote per acre of land owned by him or her and

17  located within the district. A landowner may vote in person or

18  by proxy in writing. Fractions of an acre shall be treated as

19  1 acre, entitling the landowner to one vote with respect

20  thereto.

21         (3)  Each supervisor, before entering upon his or her

22  official duties, shall take and subscribe to an oath of office

23  as prescribed in section 298.13, Florida Statutes.

24         (4)  All supervisors shall hold office for the terms

25  for which they are elected or appointed and until their

26  successors shall be chosen and qualify. In case of a vacancy

27  in the office of any supervisor, the remaining supervisor or

28  supervisors (even though less than a quorum) may fill such

29  vacancy by appointment of a new supervisor or supervisors for

30  the unexpired term of the supervisor who has vacated his or

31  her office.

                                  14

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1         (5)  As soon as practicable after each election, the

 2  board shall organize by choosing one of their number president

 3  of the board and by electing a secretary, who need not be a

 4  member of the board.

 5         (6)  A majority of the members of the board shall

 6  constitute a quorum.

 7         (7)  The board shall keep a permanent record book

 8  entitled "Record of Proceedings of North Springs Improvement

 9  District," in which shall be recorded minutes of all meetings,

10  resolutions, proceedings, certificates, bonds given by all

11  employees, and any and all corporate acts, which book shall at

12  reasonable times be opened to the inspection of any landowner,

13  taxpayer, resident, or bondholder of the district, and such

14  other persons as the board may determine to have a proper

15  interest in the proceedings of the board. Such record book

16  shall be kept at any office or other regular place of business

17  maintained by the board in Broward County.

18         (8)  Whenever any election shall be authorized or

19  required by this act to be held by the landowners at any

20  particular or stated time or day, and if for any reasons such

21  election is not held at such time or on such day, then in such

22  event the power or duty to hold such election shall not cease

23  or lapse, but such election shall be held thereafter when

24  practicable, and in accordance with the procedures provided by

25  this act.

26         Section 6.  Appointment and duties of district

27  manager.--For the purpose of preserving and maintaining any

28  facility constructed or erected under the provisions of this

29  act or under the provisions of chapter 298, Florida Statutes,

30  and for maintaining and operating the equipment owned by the

31  district and such other duties as may be prescribed by the

                                  15

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  board, the board may employ and fix the compensation of a

 2  district manager who shall have charge and supervision of the

 3  works of the district.

 4         Section 7.  Treasurer; depositories; fiscal agent.--

 5         (1)  The board shall designate a person who is a

 6  resident of the state, or a bank or trust company organized

 7  under the laws of the state or under the National Banking Act,

 8  as treasurer of the district, who shall have charge of the

 9  funds of the district. Such funds shall be disbursed only upon

10  the order of or pursuant to the resolution of the board by

11  warrant or check signed by the treasurer, or by such other

12  person as may be authorized by the board. The board may give

13  the treasurer such other or additional powers and duties as

14  the board may deem appropriate, and fix his or her

15  compensation. The board may require the treasurer to give a

16  bond in such amount, on such terms, and with such sureties as

17  may be deemed satisfactory to the board to secure the

18  performance by the treasurer of his or her powers and duties.

19  The board shall audit or have audited the books of the

20  treasurer at least once a year.

21         (2)  The board is authorized to select as depositories,

22  in which the bonds of the board and of the district shall be

23  deposited, any banking corporation organized under the laws of

24  the state or under the national banking act doing business in

25  the state, upon such terms and conditions as to the payment of

26  interest by such depository upon the funds so deposited as the

27  board may deem just and reasonable.

28         (3)  The board may employ a fiscal agent to perform

29  such duties and services at such rate of compensation as the

30  board may determine.

31  

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1         Section 8.  Compensation of board.--Each supervisor is

 2  entitled to receive for his or her services an amount not to

 3  exceed $200 per month. In addition, each supervisor shall

 4  receive reasonable traveling expenses for attending the place

 5  of meeting from his or her residence. Unless the board by

 6  resolution otherwise provides, such traveling expenses may not

 7  be in excess of the amounts provided by law for state and

 8  county officials.

 9         Section 9.  Powers.--The district shall have, and the

10  board may exercise, any or all of the following powers:

11         (1)  To contract and be contracted with; to sue and be

12  sued in the name of the district; to adopt and use a seal; to

13  acquire by purchase, gift, devise, eminent domain (except as

14  limited herein), or otherwise, property, real or personal, or

15  any estate therein, within the district, to be used for any of

16  the purposes of this act.

17         (2)  To adopt a water control plan; and to establish,

18  construct, operate, and maintain a system of main and lateral

19  canals, drains, ditches, levees, dikes, dams, sluices, locks,

20  revetments, reservoirs, holding basins, floodways, pumping

21  stations, syphons, culverts, and storm sewers to drain and

22  reclaim the lands within the district and to connect some or

23  any of them with roads and bridges as in the judgment of the

24  board is deemed advisable to provide access to such

25  facilities.

26         (3)  To acquire and maintain appropriate sites for

27  storage and maintenance of the equipment of the district; and

28  to acquire and maintain and construct a suitable building to

29  house the office and records of the district.

30         (4)  To clean out, straighten, widen, open up, or

31  change the course and flow, alter, or deepen any canal, ditch,

                                  17

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  drain, river, water course, or natural stream as within the

 2  judgment of the board is deemed advisable to drain and reclaim

 3  the lands within the district; to acquire, purchase, operate,

 4  and maintain pumps, plants, and pumping systems for drainage

 5  purposes; and to construct, operate, and maintain irrigation

 6  works and machinery in connection with the purposes herein set

 7  forth.

 8         (5)  To regulate and set forth by appropriate

 9  resolution the drainage requirements and conditions to be met

10  for plats to be entitled to record on any land within the

11  district, including authority to require as a condition

12  precedent for any platting that good and sufficient bond be

13  posted to ensure proper drainage for the area to be platted.

14         (6)  To borrow money and issue bonds, certificates,

15  warrants, notes, or other evidences of indebtedness of the

16  district as hereinafter provided.

17         (7)  To build and construct any other works, any and

18  all of said works and improvements across, through, or over

19  any public right-of-way, highway, grade, fill, or cut in or

20  out of the district.

21         (8)  To hold, control, and acquire by donation,

22  purchase, or condemnation, any easement, reservation, or

23  dedication in the district, for any of the purposes herein

24  provided. To condemn as provided by chapters 73 and 74,

25  Florida Statutes, or acquire, by purchase or grant for use in

26  the district any land or property within the district

27  necessary for the purposes of this act. These powers may be

28  exercised without the district to the extent necessary for the

29  district to obtain not more than two outfall canals not to

30  exceed 200 feet in width, extending from the northern boundary

31  

                                  18

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  of the district to the Hillsboro Canal. The exact routes shall

 2  be determined by resolutions of the board of supervisors.

 3         (9)  To assess and impose upon all of the lands in the

 4  district an ad valorem tax, an annual drainage tax, and a

 5  maintenance tax as hereinafter provided.

 6         (10)  To impose and foreclose special assessments liens

 7  as hereinafter provided.

 8         (11)  To prohibit, regulate, and restrict by

 9  appropriate resolution all structures, materials, and things,

10  whether solid, liquid, or gas, whether permanent or temporary

11  in nature, which come upon, come into, connect to, or become a

12  part of any facility owned or operated by the district.

13         (12)  To administer and provide for the enforcement of

14  all of the provisions herein, including the making, adopting,

15  promulgating, amending, and repealing of all rules and

16  regulations necessary or convenient for the carrying out of

17  the duties, obligations, and powers conferred on the district

18  created hereby.

19         (13)  To cooperate with or contract with other water

20  control districts or other governmental agencies as may be

21  necessary, convenient, incidental, or proper in connection

22  with any of the powers, duties, or purposes of the district as

23  stated in this act.

24         (14)  To employ engineers, attorneys, agents,

25  employees, and representatives as the board of supervisors may

26  from time to time determine necessary and to fix their

27  compensation and duties.

28         (15)  To exercise all of the powers necessary,

29  convenient, incidental, or proper in connection with any of

30  the powers, duties, or purposes of said district as stated in

31  this act.

                                  19

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1         (16)  To construct, improve, and maintain roadways and

 2  roads necessary and convenient to provide access to and

 3  efficient development of areas made suitable and available for

 4  cultivation, settlement, urban subdivision, homesites, and

 5  other beneficial developments as a result of the drainage

 6  operations of the district.

 7         (17)  To make use of any public easements, dedications

 8  to public use, platted reservations for public purposes, or

 9  any reservations for drainage purposes within the boundaries

10  of the district.

11         (18)  To lease as lessor or lessee to or from any

12  person, firm, corporation, association, or body, public or

13  private, any projects of the type that the district is

14  authorized to undertake and facilities or property of any

15  nature for the use of the district to carry out any of the

16  purposes of this act.

17         (19)  To regulate the supply and level of water within

18  the district; to divert waters from one area, lake, pond,

19  river, stream, basin, or drainage or water flood control

20  facility to any other area, lake, pond, river, stream, basin,

21  or drainage and water flood control facility; to regulate,

22  control, and restrict the development and use of natural or

23  artificial streams or bodies of water, lakes, or ponds; and to

24  take all measures determined by the board to be necessary or

25  desirable to prevent or alleviate land erosion. The powers

26  granted to the district by this subsection shall be concurrent

27  within the boundaries of the district with other public

28  bodies, agencies, or authorities as may be authorized by law.

29  The district is eligible to receive moneys, disbursements, and

30  assistance from the state available to flood control or water

31  management districts and the navigation districts or agencies.

                                  20

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1         (20)  To own, acquire, construct, reconstruct, equip,

 2  operate, maintain, extend, and improve water systems and sewer

 3  systems or combined water and sewer systems; to regulate the

 4  use of sewers and the supply of water within the district and

 5  to prohibit or regulate the use and maintenance of outhouses,

 6  privies, septic tanks, or other sanitary structures or

 7  appliances within the district; to prescribe methods of

 8  pretreatment of wastes not amenable to treatment with domestic

 9  sewage before accepting such wastes for treatment and to

10  refuse to accept such wastes when not sufficiently pretreated

11  as may be prescribed, and to prescribe penalties for the

12  refusal of any person or corporation to so pretreat such

13  wastes; to sell or otherwise dispose of the effluent, sludge,

14  or other byproducts as a result of sewage treatment; and to

15  construct and operate connecting, intercepting, or outlet

16  sewers and sewer mains and pipes and water mains, conduits, or

17  pipelines in, along, or under any street, alleys, highways, or

18  other public places or ways within or without the district,

19  when deemed necessary or desirable by the board. The plans for

20  any water or sewer system shall be subject to the approval of

21  the state board of health.

22         (21)  To own, acquire, construct, operate, and maintain

23  parks, playgrounds, picnic grounds, camping facilities, and

24  water recreation facilities within or without the district.

25         (22)  To issue general obligation bonds, revenue bonds,

26  assessment bonds, or any other bonds or obligations authorized

27  by the provisions of this act or any other law, or any

28  combination of the foregoing, to pay all or part of the cost

29  of the acquisition, construction, reconstruction, extension,

30  repair, improvement, maintenance, or operation of any project

31  or combination of projects, to provide for any facility,

                                  21

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  service, or other activity of the district and to provide for

 2  the retirement or refunding of any bonds or obligations of the

 3  district, or for any combination of the foregoing purposes.

 4         (23)  To exercise any and all other powers conferred

 5  upon water control districts by chapter 298, Florida Statutes;

 6  to build, install, maintain, and operate streetlights; and to

 7  plan, establish, acquire, construct or reconstruct, enlarge or

 8  extend, equip, operate, and maintain parks and facilities for

 9  indoor and outdoor community recreational and cultural uses,

10  when authorized by resolution of the general purpose unit of

11  local government, in its sole discretion, in which the parks

12  and facilities are or will be located and also authorized by

13  resolution of each municipality served by the district if the

14  parks and facilities are or will be located in the

15  unincorporated area.

16         (24)  When authorized by the local district school

17  board, to construct or renovate school buildings and related

18  structures, which may be leased, sold, or donated to the

19  school district, for use in the public educational system.

20         Section 10.  Seal.--The official seal of the district

21  shall bear the legend "North Springs Improvement District,

22  Broward County, Florida, Seal, Established 1971."

23         Section 11.  Fiscal year.--The board by resolution

24  shall establish the fiscal year for the district.

25         Section 12.  Annual budget.--Prior to May 15 of each

26  year after this act is effective, the secretary of the

27  district shall prepare a proposed budget to be submitted to

28  the board for its approval. The proposed budget shall include

29  an estimate of all necessary expenditures of the district for

30  the next ensuing fiscal year and an estimate of income to the

31  district from the taxes and assessments provided in this act.

                                  22

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  The board shall consider the proposed budget item by item and

 2  may either approve the budget as proposed by the district

 3  manager or modify the same in part or in whole. The board

 4  shall indicate its approval of the budget by resolution, which

 5  resolution shall provide for a hearing on the budget as

 6  approved. Notice of the hearing on the budget shall be

 7  published in a newspaper in general circulation within the

 8  district in Broward County once a week for two consecutive

 9  weeks, providing that the second publication shall not be less

10  than 7 days after the first publication. The notice shall be

11  directed to all landowners in the district and shall state the

12  purpose of the meeting. The notice shall further contain a

13  designation of the date, time, and place of the public

14  hearing, which shall be not less than 7 days after the second

15  publication. At the time and place designated in the notice,

16  the board shall hear all objections to the budget as proposed

17  and make such changes as the board deems necessary. At the

18  conclusion of the budget hearing the board shall, by

19  resolution, adopt the budget as finally approved by the board.

20         Section 13.  Notice and call of meetings of landowners;

21  quorum; adjournments; representation at meetings; taking

22  action without meeting.--

23         (1)  The board shall publish notice of all meetings of

24  landowners once a week for 2 consecutive weeks prior to such

25  meeting in a newspaper published in Broward County in general

26  circulation within the district. Meetings of landowners shall

27  be held in a public place, or any other place made available

28  for the purpose of such meeting in the Broward County

29  Courthouse and the place, date, and hour of holding such

30  meeting and the purpose thereof shall be stated in the notice.

31  Landowners representing a majority of the number of acres in

                                  23

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  the district, present in person or by proxy, shall constitute

 2  a quorum at any meeting of the landowners; provided that

 3  irrespective of the number of acres represented, there shall

 4  be a minimum of five landowners owning separate parcels of

 5  land, at each meeting.

 6         (2)  The board may call special meetings of the

 7  landowners at any time to receive reports of the board or for

 8  such other purpose as the board may determine. A special

 9  meeting of the landowners may also be called at any time upon

10  notice as provided hereinabove at the written request of the

11  owners of not less than 25 percent in acreage of the land

12  within the district for the purpose of taking any lawful

13  action by the landowners of the district. Such special meeting

14  shall be called by any court of competent jurisdiction in the

15  event that the board fails to do so upon request as provided

16  in the preceding sentence. Except as otherwise provided in

17  section 5 of this act, with respect to the election of

18  supervisors, action taken at a meeting of the landowners shall

19  be by affirmative vote of the owners of at least a majority in

20  acreage of the land within the district represented at such

21  meeting.

22         (3)  If no quorum is present or represented at a

23  meeting of the landowners at the time and place the same is

24  called to be held, the landowners present and represented,

25  although less than a quorum, may adjourn to another time or

26  day, and at such or any subsequent adjourned meeting may, if a

27  quorum is then present or represented, take any action that

28  the landowners could have taken at the meeting or meetings so

29  adjourned for lack of a quorum.

30         (4)  At any meeting of the landowners, guardians may

31  represent their wards; executors and administrators may

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  represent the estate of deceased persons; trustees may

 2  represent lands held by them in trust; and private

 3  corporations may be represented by their duly authorized

 4  proxy. All landowners, including guardians, executors,

 5  administrators, trustees, and corporations, may be represented

 6  and vote by proxy.

 7         Section 14.  Water control plan; proceedings

 8  thereof.--The board may proceed to adopt a water control plan

 9  in accordance with the provisions of chapter 298, Florida

10  Statutes, or in accordance with the provisions of this

11  section, in which case the following shall apply:

12         (1)  The board shall cause to be made by the chief

13  engineer or such other engineer or engineers as the board may

14  employ for that purpose a complete and comprehensive plan for

15  the drainage and reclamation of the lands located within the

16  district. The engineer or engineers designated by the board to

17  make said plan shall make all necessary surveys of the lands

18  within the boundary lines of said district and of all lands

19  adjacent thereto that will be improved or reclaimed in part or

20  in whole by any system of drainage that may be outlined and

21  adopted, and shall make a report in writing to the board with

22  maps and profiles of said surveys, which report shall contain

23  a full and complete plan for drainage and reclaiming the lands

24  located within the district from overflow or damage by water,

25  with the length, width, and depth of such canals, ditches,

26  dikes, or levees or other works as may be necessary in

27  conjunction with any canals, drains, ditches, dikes, levees,

28  or other works heretofore constructed by any other drainage or

29  reclamation district, or any other person or persons, or which

30  may hereafter be built by any or either of such agencies that

31  may be necessary or which can be advantageously used in such

                                  25

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  plan and also an estimate of the cost of carrying out and

 2  completing the water control plan, including the cost of

 3  superintending the same and all incidental expenses in

 4  connection therewith.

 5         (2)  Upon the completion of such plan, the board shall

 6  hold a hearing thereon to hear objections thereto and shall

 7  give notice of the time and place fixed for such hearing by

 8  publication once each week for 2 consecutive weeks in a

 9  newspaper published in Broward County in general circulation

10  within the district, and shall permit the inspection of said

11  plan at the office of the district by all persons interested.

12  All objections to said plan shall be filed at or before the

13  time fixed in said notice for the hearing and shall be in

14  writing.

15         (3)  After said hearing the board shall consider the

16  proposed plan and any objections thereto, and may modify,

17  reject, or adopt the plan, or may continue the hearing to a

18  day certain for further consideration of the proposed plan or

19  modifications thereof.

20         (4)  When the board shall approve a plan a resolution

21  shall be adopted and a certified copy thereof shall be filed

22  in the office of the secretary and incorporated into the

23  records of the district.

24         (5)  The water control plan may be altered in detail

25  from time to time until the appraisal record herein provided

26  is filed, but not in such manner as materially to effect the

27  conditions of its adoption. After the appraisal record has

28  been filed no alterations of the plan or reclamation shall be

29  made, except as provided by this act.

30         (6)  Within 20 days after the final adoption of the

31  water control plan by the board, the secretary of the district

                                  26

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  shall prepare and transmit a certified copy thereof to the

 2  clerk of the circuit court and at the same time the board

 3  shall file with said clerk a petition that the said court

 4  appoint three commissioners to appraise the lands to be

 5  acquired for rights-of-way, holding basins, and other drainage

 6  works of the district and to assess benefits and damages

 7  accruing to all lands within the district by reason of the

 8  execution of the water control plan. Immediately after the

 9  filing of such petition the judge of said court in whose

10  division the petition shall have been assigned shall by an

11  order appoint three commissioners, who shall be freeholders

12  residing within the state, and who shall not be landowners in

13  said district, nor of kin within the fourth degree of

14  consanguinity to any person owning land in said district. A

15  majority of said commissioners shall constitute a quorum and

16  shall control the action of the commissioners on all

17  questions.

18         (7)  Immediately upon the filing of said order of

19  appointment, the secretary of the district shall notify each

20  of said commissioners of his or her appointment, and in said

21  notice he or she shall state the time and place for the first

22  meeting of said commissioners. The secretary of the district,

23  or his or her deputy, shall attend such meeting and shall

24  furnish to said commissioners a complete list of lands

25  embraced in the district, or adjacent thereto, that will be

26  affected by the execution of the water control plan. The

27  secretary shall also furnish to the commissioners a copy of

28  the water control plan and such other papers, documents, and

29  information as the commissioners require. The commissioners at

30  the meeting shall each take and subscribe to an oath that he

31  or she will faithfully and impartially discharge his or her

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  duties as such commissioner and make a true report of the work

 2  performed by such commissioners, and shall elect one of their

 3  number chair. The secretary of the district, or his or her

 4  deputy, shall be ex officio secretary to the commissioners,

 5  and the attorney for the district, other agents, and employees

 6  thereof shall cooperate with the commissioners and furnish to

 7  them such advice, assistance, and cooperation as they shall

 8  require.

 9         (8)(a)  Immediately after qualifying, the commissioners

10  shall commence the performance of their duties and the chief

11  engineer, or one of his or her assistants, shall accompany

12  said commissioners when engaged in the discharge of their

13  duties and shall render his or her opinion in writing when

14  called for. Said commissioners shall proceed to view the

15  premises and determine the value of the lands within or

16  without the district to be acquired and used for

17  rights-of-way, holding basins, and other works described in

18  the water control plan, and they shall appraise all benefits

19  and damages which will accrue to all lands by reason of the

20  execution of the water control plan. The commissioners in

21  appraising benefits to lands, public highways, railroads, and

22  other rights-of-way shall not consider what benefits will be

23  derived by such property after other ditches, improvements, or

24  other plans of reclamation shall have been constructed, but

25  they shall appraise only such benefits as will be derived from

26  the construction of the works and improvements described in

27  the water control plan or as the same may afford an outlet for

28  drainage or protection from overflow of such property. The

29  commissioners shall give due consideration and credit to any

30  other drainage works which have already been constructed and

31  which afford partial or complete protection to any tract or

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  parcel of land within the district. The public highways,

 2  railroads, and other rights-of-way shall be appraised

 3  according to the increased physical efficiency and decreased

 4  maintenance cost of roadways by reason of the improvements.

 5  The commissioners shall have no power to change the water

 6  control plan. The commissioners shall prepare a report of

 7  their findings, which shall be arranged in tabular form, the

 8  columns of which shall be headed as follows: Column 1 "Owner

 9  of Property Appraised"; Column 2 "Description of Property

10  Appraised"; Column 3 "Number of Acres Appraised"; Column 4

11  "Amount of Benefits Appraised"; Column 5 "Amount of Damages

12  Appraised"; Column 6 "Number of Acres to be Taken for

13  Rights-of-way, Holding Basins, etc."; and Column 7 "Value of

14  Property to be Taken." They shall also, by and with the advice

15  of the chief engineer, estimate the cost of the works

16  described in the water control plan, which estimate shall

17  include the cost of property required for rights-of-way,

18  holding basins, and other works, the probable expense of

19  organization and administration as estimated by the board of

20  supervisors, and all of the expenses of the district during

21  the period of executing the water control plan. Before

22  appraisals of compensation and damages are made, the board may

23  report to the commissioners the parcels of land it may wish to

24  purchase and for which it may wish appraisals to be made, both

25  for easement and for purchase in fee simple, and the board may

26  specify the particular purpose for which, and the extent to

27  which, an easement in any property is desired, describing

28  definitely such purpose and extent. Wherever so instructed to

29  do by the board, the commissioners shall appraise lands that

30  may be necessary or desirable for the district to own and,

31  when so requested by the board, the commissioners shall also

                                  29

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  appraise both the total value of the land and also the damages

 2  due to any easement required for the purposes of the district.

 3         (b)  The report of the commissioners shall be signed by

 4  at least a majority of the commissioners and filed in the

 5  office of the clerk of the circuit court of Broward County.

 6  Each commissioner shall be paid $100 per day for his or her

 7  services and necessary expenses in addition thereto.

 8         (9)  Upon the filing of the report of the

 9  commissioners, the clerk shall give notice thereof by causing

10  publication to be made once a week for 2 consecutive weeks in

11  a newspaper published in Broward County in general circulation

12  within the district. It shall not be necessary for the clerk

13  to name the parties interested, nor to describe separate lots

14  or tracts of land in giving said notice, but it shall be

15  sufficient to publish the said notice in the following form:

16  

17         NOTICE OF FILING COMMISSIONERS' REPORT FOR

18         NORTH SPRINGS IMPROVEMENT DISTRICT.

19  

20  Notice is hereby given that the Commissioners heretofore

21  appointed to appraise benefits and damages to property and

22  lands located within North Springs Improvement District in the

23  State of Florida and to appraise the cash value of the land

24  necessary to be taken for rights-of-way, holding basins, and

25  other works of said district did file their report in the

26  office of the undersigned Clerk of the Circuit Court, upon the

27  .... day of ........, 20...., and you, and each of you, are

28  hereby notified that you may examine said report and file

29  exceptions to same on or before the .... day of ........, 20

30  .... (which date shall be not less than 28 days nor more than

31  30 days after the first date of publication).

                                  30

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1                                    ............................

 2                                      Clerk of the Circuit Court

 3                                     of Broward County, Florida"

 4  

 5         (10)  The state board of drainage commissioners, the

 6  drainage district, or any owner of land or other property to

 7  be affected by said report, may file exception to any part, or

 8  all, of the report of said commissioners within the time

 9  specified in the notice prescribed in subsection (9). All

10  exceptions shall be heard and determined by the court. If no

11  exceptions are filed, or if it is shown, upon the hearing of

12  all of said exceptions, that the estimated cost of

13  construction of improvements contemplated in the water control

14  plan is less than the benefits assessed against the lands in

15  said district, the court shall approve and confirm said

16  commissioners' report. However, if the court upon hearing the

17  objections filed, finds that any or all such objections should

18  be sustained, it shall order the report changed to conform

19  with such findings, and when so changed the court shall

20  approve and confirm such report and enter its decree

21  accordingly. The court shall adjudge and apportion the costs

22  incurred by the exceptions filed, and shall condemn any land

23  or other property that is shown by the report of the

24  commissioners to be needed for rights-of-way, holding basins

25  or other works, following the procedure provided in chapters

26  73 and 74, Florida Statutes; provided, however, that any

27  property owner may accept the assessment of damages in his or

28  her favor made by the commissioners, or acquiesce in their

29  failure to assess damages in his or her favor, and shall be

30  construed to have done so, unless he or she gives the

31  supervisors of the district, on or before the time shall have

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  expired for filing exceptions, as provided in this act, notice

 2  in writing that he or she demands an assessment of his or her

 3  damages by a jury. If the property owner demands an assessment

 4  of his or her damages by a jury, the supervisors of the

 5  district shall institute in the Circuit Court of Broward

 6  County an action to condemn the lands and other property that

 7  must be taken or damaged in the making of such improvements,

 8  with the right and privilege of paying into the court a sum to

 9  be fixed by the circuit court or judge, and proceeding with

10  the work, before the assessment by the jury. Any person or

11  party interested may prosecute and appeal to the appropriate

12  district court of appeal in the manner and within the time

13  provided by the Florida appellate rules.

14         (11)  The Clerk of the Circuit Court of Broward County

15  shall transmit a certified copy of the court decree and copy

16  of the commissioners' report, as confirmed or amended by the

17  court, to the secretary of the board, and such clerk shall

18  receive a fee of $5 for receiving, filing, and preserving same

19  as a permanent record.

20         Section 15.  Adoption, revision, and revocation of

21  water control plan.--In addition to and not in limitation of

22  its power to provide for and adopt a water control plan

23  provided in section 14 and under chapter 298, Florida

24  Statutes, and amendments thereto, the board may at any time

25  and from time to time adopt, revoke, or modify in whole or in

26  part, any water control plan or any plan providing for the

27  drainage of lands within the district, and may provide for

28  such new and additional drainage facilities, canals, ditches,

29  levees, and other works as the board may determine. In

30  connection with the revision of any water control plan or the

31  providing of any new or additional drainage facilities,

                                  32

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  canals, ditches, levees, or other works, or in the event the

 2  total taxes and assessments theretofore levied or the funds

 3  derived from the sale of bonds are insufficient to pay the

 4  cost of any drainage works, benefits may be reassessed,

 5  additional assessments made, and taxes levied in accordance

 6  with the procedures provided in this act or in chapter 298,

 7  Florida Statutes. The board may at any time approve and make

 8  effective technical changes or modifications in any water

 9  control plan or drainage not affecting assessed benefits, levy

10  of taxes, or the security of bondholders.

11         Section 16.  Assessing land for reclamation;

12  apportionment of tax; lands belonging to state assessed;

13  drainage tax record.--After the lists of lands, with the

14  assessed benefits and the decree and judgment of court, have

15  been filed in the office of the clerk of the circuit court as

16  provided in section 14, the board shall, without any

17  unnecessary delay, levy a tax of such portion of said benefits

18  on all lands in the district to which benefits have been

19  assessed, as may be found necessary by the board of

20  supervisors to pay the costs of the completion of the proposed

21  works and improvements, as shown in said water control plan

22  and in carrying out the objects of said district; and, in

23  addition thereto, 10 percent of said total amount for

24  emergencies. The said tax shall be apportioned to, and levied

25  on, each tract of land in said district in proportion to the

26  benefits assessed, and not in excess thereof; and in case

27  bonds are issued, as provided in this chapter, a tax shall be

28  levied in a sum not less than an amount 90 percent of which

29  shall be equal to the principal of said bonds. The amount of

30  bonds to be issued for paying the cost of the works as set

31  forth in the water control plan shall be ascertained and

                                  33

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  determined by the board; provided, however, that the total

 2  amount of all bonds to be issued by the district shall in no

 3  case exceed 90 per cent of the benefits assessed upon the

 4  lands of the district. The amount of the interest (as

 5  estimated by said board), which will accrue on such bonds,

 6  shall be included and added to the said tax, but the interest

 7  to accrue on account of the issuing of said bonds shall not be

 8  construed as a part of the costs of construction in

 9  determining whether or not the expenses and costs of making

10  said improvements are equal to, or in excess of, the benefits

11  assessed. The secretary of the board of supervisors, as soon

12  as said total tax is levied, shall, at the expense of the

13  district, prepare a list of all taxes levied, in the form of a

14  well bound book, the book shall be endorsed and named

15  "DRAINAGE TAX RECORD OF NORTH SPRINGS IMPROVEMENT DISTRICT,

16  BROWARD COUNTY, FLORIDA" which endorsement shall be printed or

17  written at the top of each page in said book, signed and

18  certified by the president and secretary of the board,

19  attested by the seal of the district, and the same shall

20  thereafter become a permanent record in the office of said

21  secretary.

22         Section 17.  Prepayment of taxes or assessments.--The

23  board may provide that any tax or assessment may be paid at

24  any time before due, together with interest accrued thereon to

25  the date of prepayment, and any prepayment premiums or

26  penalties, if such prior payment shall be permitted by the

27  proceedings authorizing any bonds or other obligations for the

28  payment of which special assessments have been pledged or

29  taxes levied.

30         Section 18.  Tax liens.--All taxes of the district

31  provided for in this act or chapter 298, Florida Statutes,

                                  34

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 1  together with all penalties for default in the payment of the

 2  same and all costs in collecting the same including a

 3  reasonable attorney's fees fixed by the court and taxed as

 4  cost in the action brought to enforce payment, shall from

 5  January 1 for each year the property is liable to assessment

 6  and until paid constitute a lien of equal dignity with the

 7  liens for state and county taxes and other taxes of equal

 8  dignity with state and county taxes upon all the lands against

 9  which such taxes shall be levied. A sale of any of the real

10  property within the district for state and county or other

11  taxes shall not operate to relieve or release the property so

12  sold from the lien for subsequent district taxes or

13  installments of district taxes which lien may be enforced

14  against such property as though no such sale thereof had been

15  made. The provisions of chapter 192, Florida Statutes, and

16  amendments thereto shall be applicable to district taxes with

17  the same force and effect as if said provisions were expressly

18  set forth in this act.

19         Section 19.  Issuance of bond anticipation notes.--In

20  addition to the other powers provided for in this act and not

21  in limitation thereof, the district shall have the power, at

22  any time and from time to time after the issuance of any bonds

23  of the district shall have been authorized to borrow money for

24  the purposes for which such bonds are to be issued in

25  anticipation of the proceeds of the sale of such bonds and to

26  issue bond anticipation notes in a principal sum not in excess

27  of the authorized maximum amount of such bond issue. Such

28  notes shall be in such denomination or denominations, bear

29  interest at such rate as the board may determine not to exceed

30  10 percent per year, mature at such time or times not later

31  than 5 years from the date of issuance, and be in such form

                                  35

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  and executed in such manner as the board shall prescribe. Such

 2  notes may be sold at either public or private sale, or if such

 3  notes shall be renewal notes, may be exchanged for notes then

 4  outstanding on such terms as the board shall determine. Such

 5  notes shall be paid from the proceeds of such bonds when

 6  issued. The board may, in its discretion, in lieu of retiring

 7  the notes by means of bonds, retire them by means of current

 8  revenues or from any taxes or assessments levied for the

 9  payment of such bonds, but in such event a like amount of the

10  bonds authorized shall not be issued.

11         Section 20.  Short-term borrowing.--The district at any

12  time may obtain loans, in such amount and on such terms and

13  conditions as the board may approve, for the purpose of paying

14  any of the expenses of the district or any costs incurred or

15  that may be incurred in connection with any of the projects of

16  the district, which loans shall have a term not exceeding 2

17  years from the date of issuance thereof, and may be renewable

18  for a like term or terms shall bear such interest as the board

19  may determine, not to exceed 10 percent per year, and may be

20  payable from and secured by a pledge of such funds, revenues,

21  taxes, and assessments as the board may determine. For the

22  purpose of defraying such costs and expenses, the district may

23  issue negotiable notes, warrants, or other evidences of debt

24  signed on behalf of the district by any one of the board duly

25  authorized by the board, such notes or other evidences of

26  indebtedness to be payable at such times, to bear such

27  interest as the board may determine not to exceed 10 percent

28  per year, and to be sold or discounted at such price or prices

29  and on such terms as the board may deem advisable. The board

30  shall have the right to provide for the payment thereof by

31  pledging the whole or any part of the funds, revenues, taxes,

                                  36

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  and assessments of the district. The approval of the qualified

 2  electors who are freeholders residing in the district shall

 3  not be necessary except where required by the State

 4  Constitution.

 5         Section 21.  Trust agreements.--In the discretion of

 6  the board, any issue of bonds may be secured by a trust

 7  agreement by and between the district and a corporate trustee

 8  or trustees, which may be any trust company or bank having the

 9  powers of a trust company within or without the state. The

10  resolution authorizing the issuance of the bonds or such trust

11  agreement may pledge the revenues to be received from any

12  projects of the district and may contain such provisions for

13  protecting and enforcing the rights and remedies of the

14  bondholders as the board may approve, including, without

15  limitation, covenants setting forth the duties of the district

16  in relation to the acquisition, construction, reconstructions,

17  improvements, maintenance, repair, operation, and insurance of

18  any projects; the fixing and revising of the rates, fees, and

19  charges; the custody, safeguarding, and application of all

20  moneys; and for the employment of counseling engineers in

21  connection with such acquisition, construction,

22  reconstruction, improvement, maintenance, repair, or

23  operation. It shall be lawful for any bank or trust company

24  incorporated under the laws of the state which may act as a

25  depository of the proceeds of bonds or of revenues to furnish

26  such indemnifying bonds or to pledge such securities as may be

27  required by the district. Such resolution or trust agreement

28  may set forth the rights and remedies of the bondholders and

29  of the trustee, if any, and may restrict the individual right

30  of action by bondholders. The board may provide for the

31  payment of the proceeds of the sale of the bonds and the

                                  37

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  revenues of any project to such officer, board, or depository

 2  as it may designate for the custody thereof, and for the

 3  method of disbursement thereof with such safeguards and

 4  restrictions as it may determine. All expenses incurred in

 5  carrying out the provisions of such resolution or trust

 6  agreement may be treated as part of the cost of operation of

 7  the project to which such trust agreement pertains.

 8         Section 22.  Sale of bonds.--Bonds may be sold in

 9  blocks or installments at different times, or an entire issue

10  or series may be sold at one time. Bonds may be sold at public

11  or private sale after such advertisement, if any, as the board

12  may deem advisable but not in any event at less than 90

13  percent of the par value thereof, together with accrued

14  interest thereon. Bonds may be sold or exchanged for refunding

15  bonds. Special assessment and revenue bonds may be delivered

16  as payment by the district of the purchase price or lease of

17  any project or part thereof, or a combination of projects or

18  parts thereof, or as the purchase price or exchanged for any

19  property, real, personal, or mixed, including franchises, or

20  services rendered by any contractor, engineer, or other

21  person, all at one time or in blocks from time to time, in

22  such manner and upon such terms as the board in its discretion

23  shall determine. The price or prices for any bonds sold,

24  exchanged, or delivered may be the money paid for the bonds;

25  the principal amount, plus accrued interest to the date of

26  redemption or exchange, or outstanding obligations exchanged

27  for refunding bonds; or in the case of special assessment or

28  revenue bonds, the amount of any indebtedness to contractors

29  or other persons paid with such bonds, or the fair value of

30  any properties exchanged for the bonds, as determined by the

31  board.

                                  38

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    32-1887-05                                         See HB 1479




 1         Section 23.  Authorization and form of bonds.--Bonds

 2  may be authorized by resolution or resolutions of the board

 3  which shall be adopted by a majority of all of the members

 4  thereof then in office. Such resolution or resolutions may be

 5  adopted at the same meeting at which they are introduced, and

 6  need not be published or posted. The board may by resolution

 7  authorize the issuance of bonds, fix the aggregate amount of

 8  bonds to be issued, the purpose or purposes for which the

 9  moneys derived therefrom shall be expended, the rate or rates

10  of interest, not to exceed 10 percent per year, the

11  denomination of the bonds, whether or not the bonds are to be

12  issued in one or more series, the date or dates of maturity,

13  which shall not exceed 40 years from their respective dates of

14  issuance, the medium of payment, the place or places within or

15  without the state where payment shall be made, registration

16  privileges, redemption terms and privileges (whether with or

17  without premium), the manner of execution, the form of the

18  bonds including any interest coupons to be attached thereto,

19  the manner of execution of bonds and coupons, any and all

20  other terms, covenants, and conditions thereof, and the

21  establishment of revenue or other funds. Such authorizing

22  resolution may further provide that such bonds may be executed

23  manually or by engraved, lithographed or facsimile signature,

24  provided that where signatures are engraved, lithographed, or

25  otherwise reproduced in facsimile no bond shall be valid

26  unless countersigned by a registrar or other officer

27  designated by appropriate resolution of the board. The seal of

28  the district may be affixed, lithographed, engraved, or

29  otherwise reproduced in facsimile on such bonds. In case any

30  officer whose signature shall appear on any bonds or coupons

31  shall cease to be such officer before the delivery of such

                                  39

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  bonds, such signature or facsimile shall nevertheless be valid

 2  and sufficient for all purposes the same as if he or she had

 3  remained in office until such delivery.

 4         Section 24.  Interim certificates; replacement

 5  certificates.--Pending the preparation of definitive bonds,

 6  the board may issue interim certificates or receipts or

 7  temporary bonds, in such form and with such provisions as the

 8  board may determine, exchangeable for definitive bonds when

 9  such bonds shall have been executed and are available for

10  delivery. The board may also provide for the replacement of

11  any bonds that become mutilated, lost, or destroyed.

12         Section 25.  Negotiability of bonds.--Any bond issued

13  under this act and any interim certificate, receipt, or

14  temporary bond shall, in the absence of an express recital on

15  the face thereof that it is nonnegotiable, be fully negotiable

16  and shall be and constitute negotiable instruments within the

17  meaning and for all purposes of the law merchant and the laws

18  of Florida.

19         Section 26.  Defeasance.--The board may make such

20  provision with respect to the defeasance of the right, title,

21  and interest of the holders of any of the bonds and

22  obligations of the district in any revenues, funds, or other

23  properties by which such bonds are secured as the board deems

24  appropriate and, without limitation on the foregoing, may

25  provide that when such bonds or obligations become due and

26  payable or shall have been called for redemption, and the

27  whole amount of the principal and interest and premium, if

28  any, due and payable upon the bonds or obligations then

29  outstanding shall be paid, or sufficient moneys or direct

30  obligations of the United States Government the principal of

31  and the interest on which when due will provide, sufficient

                                  40

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  moneys, shall be held or deposited in trust for such purpose,

 2  and provision shall also be made for paying all other sums

 3  payable in connection with such bonds or other obligations,

 4  then and in such event the right, title, and interest of the

 5  holders of the bonds in any revenues, funds, or other

 6  properties by which such bonds are secured shall thereupon

 7  cease, determine, and become void, and the board may apply any

 8  surplus in any sinking fund established in connection with

 9  such bonds or obligations and all balances remaining in all

10  other funds or accounts other than money held for the

11  redemption or payment of the bonds or other obligations to any

12  lawful purpose of the district as the board shall determine.

13         Section 27.  Issuance of additional bonds.--If the

14  proceeds of any bonds shall be less than the cost of

15  completing the project in connection with which such bonds are

16  issued, the board may authorize the issuance of additional

17  bonds, upon such terms and conditions as the board may provide

18  in the resolution authorizing the issuance thereof, but only

19  in compliance with the resolution or other proceedings

20  authorizing the issuance of the original bonds.

21         Section 28.  Refunding bonds.--The district shall have

22  the power to issue bonds to provide for the retirement or

23  refunding of any bonds or obligations of the district that at

24  the time of such issuance are or subsequently thereto become

25  due and payable, or that at the time of issuance have been

26  called or are or will be subject to call for redemption within

27  10 years thereafter, or the surrender of which can be procured

28  from the holders thereof at prices satisfactory to the board.

29  Refunding bonds may be issued at any time when in the judgment

30  of the board such issuance will be advantageous to the

31  district. No approval of the qualified electors who are

                                  41

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  freeholders residing in the district shall be required for the

 2  issuance of refunding bonds except in cases where such

 3  approval is required by the State Constitution. The board may

 4  by resolution confer upon the holders of such refunding bonds

 5  all rights, powers, and remedies to which the holders would be

 6  entitled if they continued to be the owners and had possession

 7  of the bonds for the refinancing of which said refunding bonds

 8  are issued, including, but not limited to, the preservation of

 9  the lien of such bonds on the revenues of any project or on

10  pledged funds, without extinguishment, impairment, or

11  diminution thereof. The provisions of this act pertaining to

12  bonds of the district shall, unless the context otherwise

13  requires, govern the issuance of refunding bonds, the form and

14  other details thereof, the rights of the holders thereof, and

15  the duties of the board with respect to the same.

16         Section 29.  Revenue bonds.--

17         (1)  The district shall have the power to issue revenue

18  bonds from time to time without limitation as to amount. Such

19  revenue bonds may be secured by or payable from the gross or

20  net pledge of the revenues to be derived from any project or

21  combination of projects; from the rates, fees, or other

22  charges to be collected from the users of any project or

23  projects; from any revenue-producing undertaking or activity

24  of the district; or from any other source or pledged security.

25  Such bonds shall not constitute an indebtedness of the

26  district, and the approval neither of the qualified electors

27  nor of the qualified electors who are freeholders shall be

28  required unless such bonds are additionally secured by the

29  full faith, credit, and taxing power of the district.

30         (2)  Any two or more projects may be combined and

31  consolidated into a single project, and may thereafter be

                                  42

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    32-1887-05                                         See HB 1479




 1  operated and maintained as a single project. The revenue bonds

 2  authorized herein may be issued to finance any one or more

 3  such projects, regardless of whether or not such projects have

 4  been combined and consolidated into a single project. If the

 5  board deems it advisable, the proceedings authorizing such

 6  revenue bonds may provide that the district may thereafter

 7  combine the projects then being financed or theretofore

 8  financed with other projects to be subsequently financed by

 9  the district, and that revenue bonds to be thereafter issued

10  by the district shall be on parity with the revenue bonds then

11  being issued, all on such terms, conditions, and limitations

12  as shall be provided, and may further provide that the

13  revenues to be derived from the subsequent projects shall at

14  the time of the issuance of such parity revenue bonds be also

15  pledged to the holders of any revenue bonds theretofore issued

16  to finance the revenue undertakings which are later combined

17  with such subsequent projects. The district may pledge for the

18  security of the revenue bonds a fixed amount, without regard

19  to any fixed proportion of the gross revenues of any project.

20         Section 30.  General obligation bonds.--

21         (1)  The district shall have the power from time to

22  time to issue general obligation bonds in an aggregate

23  principal amount of bonds outstanding at any one time not in

24  excess of 35 percent of the assessed value of the taxable

25  property within the district as shown on the pertinent tax

26  records at the time of the authorization of the general

27  obligation bonds for which the full faith and credit of the

28  district is pledged. Except for refunding bonds, no general

29  obligation bonds shall be issued unless the issuance thereof

30  shall have been approved at an election of freeholders held in

31  accordance with the requirements for such election as

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    32-1887-05                                         See HB 1479




 1  prescribed by the State Constitution. Such elections shall be

 2  called to be held in the district by the Board of County

 3  Commissioners of Broward County upon the request of the board

 4  of the district. The expenses of calling and holding such

 5  referendum elections shall be borne by the district and the

 6  district shall reimburse the county for any expenses incurred

 7  in calling or holding such elections. In the alternative, at

 8  the option of the board, the board may make such other

 9  provision for the registration of such qualified electors who

10  are freeholders and the calling and holding of such elections

11  as the board may from time to time deem appropriate.

12         (2)  The district may pledge its full faith and credit

13  for the payment of the principal and interest on such general

14  obligation bonds, and for any reserve or other funds provided

15  therefor, and may unconditionally and irrevocably pledge

16  itself to levy ad valorem taxes on all taxable property in the

17  district, to the extent necessary for the payment thereof,

18  without limitations as to rate or amount.

19         (3)  If the board shall determine to issue general

20  obligation bonds for more than one different purpose, the

21  approval of the issuance of the bonds for each and all such

22  purposes may be submitted to the freeholders on one and the

23  same ballot. The failure of the freeholders to approve the

24  issuance of bonds for any one or more purposes shall not

25  defeat the approval of bonds for any purpose that shall be

26  approved by the freeholders.

27         Section 31.  Bonds as legal investment or

28  security.--Notwithstanding any provisions of any other law to

29  the contrary, all bonds issued under the provisions of this

30  act shall constitute legal investments for savings banks,

31  banks, trust companies, insurance companies, executors,

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 1  administrators, trustees, guardians, and other fiduciaries,

 2  and for any board, body, agency, instrumentality, county,

 3  municipality, or other political subdivision of the state, and

 4  shall be and constitute securities which may be deposited by

 5  banks or trust companies as security for deposits of state,

 6  county, municipal, or other public funds, or by insurance

 7  companies as required for voluntary statutory deposits.

 8         Section 32.  Covenants.--Any resolution authorizing the

 9  issuance of bonds may contain such covenants as the board may

10  deem advisable and all such covenants shall constitute valid

11  and legally binding and enforceable contracts between the

12  district and the bondholders, regardless of the time of

13  issuance thereof. Such covenants may include, without

14  limitation, covenants concerning the disposition of the bond

15  proceeds; the use and disposition of project revenues; the

16  pledging of revenues, taxes, and assessments; the obligations

17  of the district with respect to the operation of the project

18  and the maintenance of adequate project revenues; the issuance

19  of additional bonds; the appointment, powers, and duties of

20  trustees and receivers; the acquisition of outstanding bonds

21  and obligations; restrictions on the establishing of competing

22  projects or facilities; restrictions on the sale or disposal

23  of the assets and property of the district; the priority of

24  assessment liens; the priority of claims by bondholders on the

25  taxing power of the district; the maintenance of deposits to

26  ensure the payment of revenues by users of district facilities

27  and services; the discontinuance of district services by

28  reason of delinquent payments; acceleration upon default; the

29  execution of necessary instruments; the procedure for amending

30  or abrogating covenants with the bondholders; and such other

31  

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    Florida Senate - 2005        (NP)                      SB 2764
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 1  covenants as may be deemed necessary or desirable for the

 2  security of the bondholders.

 3         Section 33.  Validity of bonds; validation

 4  proceedings.--

 5         (1)  Any bonds issued by the district shall be

 6  incontestable in the hands of bona fide purchasers or holders

 7  for value and shall not be invalid because of any irregularity

 8  or defects in the proceedings for the issue and sale thereof.

 9  Prior to the issuance of any bonds, the district may, but is

10  not required to, publish a notice at least once in a newspaper

11  or newspapers published or of general circulation in Broward

12  County and within the district stating the date of adoption of

13  the resolution authorizing such obligations, the amount, the

14  maximum rate of interest and maturity of such obligations, and

15  the purpose in general terms for which such obligations are to

16  be issued, and further stating that any action or proceeding

17  questioning the validity of such obligations or of the

18  proceedings authorizing the issuance thereof, or of any of the

19  covenants made therein, must be instituted within 20 days

20  after the first publication of such notice, or the validity of

21  such obligations, proceedings, and covenants shall not be

22  thereafter questioned in any court whatsoever. If no such

23  action or proceeding is so instituted within such 20-day

24  period then the validity of such obligations, proceedings, and

25  covenants shall be conclusive, and all persons or parties

26  whatsoever shall be forever barred from questioning the

27  validity of such obligations, proceedings, or covenants in any

28  court whatsoever.

29         (2)  The power of the district to issue bonds under the

30  provisions of this act may be determined and any of the bonds

31  of the district may be validated and confirmed by circuit

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 1  court decree, under the provisions of chapter 75, Florida

 2  Statutes, and laws amendatory thereof or supplementary

 3  thereto.

 4         Section 34.  Act furnishes full authority for issuance

 5  of bonds.--This act constitutes full and complete authority

 6  for the issuance of bonds and the exercise of the powers of

 7  the district provided herein. No procedures or proceedings,

 8  publications, notices, consents, approvals, orders, acts, or

 9  things by the board, or any board, officers, commission,

10  department, agency, or instrumentality of the district, other

11  than those required by this act, shall be required to issue

12  any bonds or to do any act or perform anything under this act,

13  and the issuance or sale of bonds pursuant to the provisions

14  of this act need not comply with the requirements of any other

15  law applicable to the issuance or sale of bonds, except as

16  otherwise provided in this act, and shall not require the

17  consent or approval of the board of drainage commissioners of

18  the state or of any other board, officers, commission,

19  department, agency, or instrumentality of the state or any

20  political subdivision thereof. Except as otherwise provided

21  herein, no proceedings or procedures of any character whatever

22  shall be necessary or required for the issuance of bonds other

23  than the adoption of an appropriate resolution by the board as

24  provided in this act with respect to the issuance of the same.

25  The powers conferred by this act on the district with respect

26  to the issuance and sale of bonds shall be in addition and

27  supplemental to the powers conferred by any other law.

28         Section 35.  Pledge by the state to the bondholders of

29  the district and to the Federal Government.--The state pledges

30  to the holders of any bonds issued under this act that it will

31  not limit or alter the rights of the district to own, acquire,

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  construct, reconstruct, improve, maintain, operate, or furnish

 2  the projects or to levy and collect the taxes, assessments,

 3  rentals, rates, fees, and other charges provided for herein

 4  and to fulfill the terms of any agreement made with the

 5  holders of such bonds or other obligations, and that it will

 6  not in any way impair the rights or remedies of the holders.

 7         Section 36.  Ad valorem taxes.--The board shall have

 8  the power to levy and assess an ad valorem tax on all the

 9  taxable real and tangible personal property in the district to

10  pay the principal of and interest on any general obligation

11  bonds of the district, to provide for any sinking or other

12  funds established in connection with any such bonds. The ad

13  valorem tax provided for herein shall be in addition to county

14  and all other ad valorem taxes provided for by law. Such tax

15  shall be assessed, levied, and collected in the same manner

16  and same time as county taxes.

17         Section 37.  Annual installment taxes.--

18         (1)  The board shall annually determine, order, and

19  levy the annual installment of the total taxes which are

20  levied under section 298.36, Florida Statutes, which shall be

21  due and be collected during each year that county taxes are

22  due and collected and said annual installment and levy shall

23  be evidenced to and certified by the board not later than

24  August 31st of each year to the Broward County Property

25  Appraiser. Said tax shall be entered by the county property

26  appraiser on the county tax rolls and shall be collected by

27  the Broward County Tax Collector in the same manner and the

28  same time as county taxes and the proceeds thereof paid to the

29  district. The tax shall be a lien until paid on the property

30  against which assessed and enforceable in like manner as

31  county taxes.

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1         (2)  In the alternative, the board may by resolution

 2  determine the amount of taxes as provided by chapter 298,

 3  Florida Statutes, and thereafter the annual installments shall

 4  be levied, collected and enforced as provided in chapter 298,

 5  Florida Statutes.

 6         Section 38.  Maintenance tax.--To maintain and preserve

 7  the drainage improvements of the district a maintenance tax

 8  shall be evidenced to and certified by the board of

 9  supervisors not later than August 31 of each year to the

10  property appraiser and shall be entered by the property

11  appraiser on the county tax rolls and shall be collected by

12  the tax collector in the same manner and time as county taxes

13  and the proceeds therefrom paid to the district. The tax shall

14  be a lien until paid on the property against which assessed

15  and enforceable in like manner as county taxes. If the

16  maintenance is for original construction based upon an

17  apportionment of benefits, the maintenance tax shall be

18  apportioned on the same basis of the net assessments of

19  benefits assessed or accruing for original construction and

20  shall not exceed 10 percent thereof in any one year. If the

21  maintenance is for other drainage improvements owned,

22  operated, or acquired by the district, the amount of said

23  maintenance tax shall be determined by the board based upon a

24  report of the chief engineer and assessed by the board, upon

25  such lands, which may be all of the lands within the district

26  benefited by the maintenance thereof, apportioned between the

27  benefited lands in proportion to the benefits received by each

28  tract of land.

29         Section 39.  Enforcement of taxes.--The collection and

30  enforcement of all taxes levied by the district shall be at

31  the same time and in like manner as county taxes and the

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  provision of the Florida Statutes relating to the sale of

 2  lands for unpaid and delinquent county taxes, the issuance,

 3  sale, and delivery of tax certificates for such unpaid and

 4  delinquent county taxes, the redemption thereof, the issuance

 5  to individuals of tax deeds based thereon, and all other

 6  procedures in connection therewith shall be applicable to the

 7  district to the same extent as if said statutory provisions

 8  were expressly set forth herein. All taxes shall be subject to

 9  the same discounts as county taxes.

10         Section 40.  When unpaid tax is delinquent;

11  penalty.--All taxes provided for in this act shall become

12  delinquent and bear penalties on the amount of said taxes in

13  the same manner as county taxes.

14         Section 41.  Tax exemption.--As the exercise of the

15  powers conferred by this act constitute the performance of

16  essential public functions, and as the projects of the

17  district will constitute public property used for public

18  purposes, all assets and properties of the district, and all

19  bonds issued hereunder and interest paid thereon, and all

20  fees, charges, and other revenues derived by the district from

21  the projects provided by this act shall be exempt from all

22  taxes by the state or by any political subdivision, agency, or

23  instrumentality thereof; provided, however, that nothing in

24  this act shall be deemed to exempt from taxation any property,

25  project, facility, or business activity or enterprise that

26  cannot validly be undertaken as a public function by special

27  taxing districts or other public bodies under the laws and

28  constitution of this state; and further, that nothing in this

29  act shall be deemed to exempt any property, project, facility,

30  or business activity or enterprise of the district, or

31  revenues derived therefrom, which would be subject to taxation

                                  50

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  under the general laws of Florida if such property, project,

 2  or facility were owned or undertaken by a municipal

 3  corporation.

 4         Section 42.  Special assessments.--

 5         (1)  The board may provide for the construction or

 6  reconstruction of assessable improvements as defined in

 7  section 4, and for the levying of special assessments upon

 8  benefited property for the payment thereof, under the

 9  provisions of this section.

10         (2)  Such special assessments may be levied and

11  assessed in either of the alternate methods provided in

12  subsection (6) or subsection (7), and except for such

13  procedure, all the other provisions of this section and this

14  act shall apply to levy of such special assessments under

15  either subsection (6) or subsection (7).

16         (3)  The initial proceeding under subsection (6) or

17  subsection (7) of this section shall be the passage by the

18  board of a resolution ordering the construction or

19  reconstruction of such assessable improvements, indicating the

20  location by terminal points and routes and either giving a

21  description of the improvements by its material, nature,

22  character, and size or giving two or more descriptions with

23  the directions that the material, nature, character, and size

24  shall be subsequently determined in conformity with one of

25  such descriptions. Drainage improvements need not be

26  continuous and may be in more than one locality. The

27  resolution ordering any such improvement may give any short

28  and convenient designation to each improvement ordered

29  thereby, and the property against which assessments are to be

30  made for the cost of such improvement may give any short and

31  convenient designation to each improvement ordered thereby,

                                  51

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  and the property against which assessments are to be made for

 2  the cost of such improvement may be designated as an

 3  assessment district, followed by a letter, number, or name to

 4  distinguish it from other assessment districts, after which it

 5  shall be sufficient to refer to such improvement and property

 6  by such designation in all proceedings and assessments, except

 7  in the notices required by this section.

 8         (4)  As soon as possible after the passage of such

 9  resolution the engineer for the district shall prepare, in

10  duplicate, plans and specifications for each improvement

11  ordered thereby and an estimate of the cost thereof. Such cost

12  shall include, in addition to the items of cost as defined in

13  this act, the following items of incidental expenses:

14         (a)  Printing and publishing notices and proceedings.

15         (b)  Costs of abstracts of title.

16         (c)  Any other expense necessary or proper in

17  conducting the proceedings and work provided for in this

18  section, including the estimated amount of discount, if any,

19  financial expenses upon the sale of assessment bonds or any

20  other obligations issued hereunder for which such special

21  assessment bonds or any other obligations issued hereunder for

22  which such special assessments are to be pledged, and interest

23  prior to and until not more than 2 years after the completion

24  of said assessable improvements. If the resolution shall

25  provide alternative descriptions of material, nature,

26  character and size, such estimate shall include an estimate of

27  the cost of the improvement of each such description.

28         (5)  The district engineer shall next prepare in

29  duplicate a tentative apportionment of the estimated total

30  cost of the improvement as between the district and each lot

31  or parcel of land subject to special assessment under the

                                  52

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  resolution, such apportionment to be made in accordance with

 2  the provisions of the resolution and in relation to

 3  apportionment of cost provided herein for the preliminary

 4  assessment roll. Such tentative apportionment of total

 5  estimated cost shall not be held to limit or restrict the

 6  duties of the engineer in the preparation of such preliminary

 7  assessment roll under subsection (6). One of the duplicates of

 8  such plans, specifications, and estimates and such tentative

 9  apportionment shall be filed with the secretary of the board

10  and the other duplicate shall be retained by the engineer in

11  his or her files, all thereof to remain open to public

12  inspection.

13         (6)(a)  If the special assessments are to be levied

14  under this subsection, the secretary of the board upon filing

15  with him or her of such plans, specifications, estimates, and

16  tentative apportionment of cost shall publish once in a

17  newspaper published in Broward County in general circulation

18  within the district, a notice stating that at a meeting of the

19  board on a certain day and hour, not earlier than 15 days

20  after such publication, the board will hear objections of all

21  interested persons to the confirmation of such resolution,

22  which notice shall state in brief and general terms a

23  description of the proposed assessable improvements with the

24  location thereof, and shall also state that plans,

25  specifications, estimates, and tentative apportionment of cost

26  thereof are on file with the secretary of the board. A copy of

27  the notice shall be mailed to the landowners of the land to be

28  benefited by construction of the assessable improvement. The

29  landowners shall be determined by reference to the last

30  available tax roll of Broward County. The secretary of the

31  board shall keep a record in which shall be inscribed, at the

                                  53

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  request of any person, firm, or corporation having or claiming

 2  to have any interest in any lot or parcel of land, the name

 3  and post office address of such person, firm, or corporation,

 4  together with a brief description or designation of such lot

 5  or parcel, and it shall be the duty of the secretary of the

 6  board to mail a copy of such notice to such person, firm, or

 7  corporation at such address at least 10 days before the time

 8  for the hearing as stated in such notice, but the failure of

 9  the secretary of the board to keep such record or so to

10  inscribe any name or address or to mail any such notice shall

11  not constitute a valid objection to holding the hearing as

12  provided in this section or to any other action taken under

13  the authority of this section.

14         (b)  At the time named in such notice, or to which an

15  adjournment may be taken by the board, the board shall receive

16  any objections of interested persons and may then or

17  thereafter repeal or confirm such resolution with such

18  amendments, if any, as may be desired by the board and which

19  do not cause any additional property to be specially assessed.

20         (c)  All objections to any such resolution on the

21  ground that it contains items which cannot be properly

22  assessed against property, or that it is, for any default or

23  defect in the passage or character of the resolution or the

24  plans or specifications or estimate, void or voidable in whole

25  or in part, or that it exceeds the power of the board, shall

26  be made in writing in person or by attorney, and filed with

27  the secretary of the board at or before the time or adjourned

28  time of such hearing. Any objections against the making of any

29  assessable improvements not so made shall be considered as

30  waived, and if any objection shall be made and overruled or

31  shall not be sustained, the confirmation of the resolution

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  shall be the final adjudication of the issue presented unless

 2  proper steps shall be taken in a court of competent

 3  jurisdiction to secure relief within 20 days.

 4         (d)  Whenever any resolution providing for the

 5  construction or reconstruction of assessable improvements and

 6  for the levying of special assessments upon benefited property

 7  for the payment thereof shall have been confirmed, and said

 8  special assessments are levied under this subsection as herein

 9  above provided, or at any time thereafter, the board may issue

10  assessment bonds payable out of such assessments when

11  collected. Such bonds shall mature not later than 2 years

12  after the maturity of the last annual installment in which

13  said special assessments may be paid, as provided in

14  subsection (7), and shall bear such interest as the board may

15  determine not to exceed 10 percent per year. Such assessment

16  bonds shall be executed, shall have such provisions for

17  redemption prior to maturity, and shall be sold in the manner

18  and be subject to all of the applicable provisions contained

19  in this act applicable to other bonds, except as the same are

20  inconsistent with the provisions of this section. The amount

21  of such assessment bonds for any assessable improvement, prior

22  to the confirmation of the preliminary assessment roll

23  provided for in this subsection shall not exceed the estimated

24  amount of the cost of such assessable improvements which are

25  to be specially assessed against the lands and real estate of

26  the engineer referred to in this section.

27         (e)  After the passage of the resolution authorizing

28  the construction or reconstruction of assessable improvements

29  has been confirmed as provided for above where special

30  assessments are levied under this subsection or after the

31  final confirmation of the assessment roll where such

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  assessments are levied under subsection (7), the board may

 2  publish at least once in a newspaper published in Broward

 3  County in general circulation within the district, a notice

 4  calling for sealed bids to be received by the board on a date

 5  not earlier than 15 days after the first publication for the

 6  construction of the work, unless in the initial resolution the

 7  board shall have declared its intention to have the work done

 8  by district forces without contract. The notice shall refer in

 9  general terms to the extent and nature of the improvements and

10  may identify the same by the short designation indicated in

11  the initial resolution and by reference to the plans and

12  specifications on file. If the initial resolution shall have

13  given two or more alternative descriptions of the assessable

14  improvements as to its material, nature, character, and size,

15  and if the board shall not have theretofore determined upon a

16  definite description, the notice shall call for bids upon each

17  of such descriptions. Bids may be requested for the work as

18  whole or for any part thereof separately and bids may be asked

19  for any one or more of such assessable improvements authorized

20  by the same or different resolutions, but any bid covering

21  work upon more than one improvement shall be in such form as

22  to permit a separation of cost as to each improvement. The

23  notice shall require bidders to file with their bids either a

24  certified check drawn upon an incorporated bank or trust

25  company in such amount or percentage of their respective bids,

26  as the board shall deem advisable, or a bid bond in like

27  amount with corporate surety satisfactory to the board to

28  insure the execution of a contract to carry out the work in

29  accordance with such plans and specifications and insure the

30  filing at the making of such contract, of a bond in the amount

31  of the contract price with corporate surety satisfactory to

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  the board conditioned for the performance of the work in

 2  accordance with such contract. The board shall have the right

 3  to reject any or all bids, and if all bids are rejected the

 4  board may readvertise or may determine to do the work by the

 5  district forces without contract.

 6         (f)  Promptly after the completion of the work, in the

 7  case of special assessments levied under subsection (6), the

 8  engineer for the district, who is hereby designated as the

 9  official of the district to make the preliminary assessment of

10  benefits from assessable improvements, shall prepare a

11  preliminary assessment roll and file the same with the

12  secretary of the board which roll shall contain the following:

13         1.  A description of abutting lots and parcels of land

14  or lands which will benefit from such assessable improvements

15  and the amount of such benefits to each such lot or parcel of

16  land. Such lots and parcels shall include the property of

17  Broward County and any school district or other political

18  subdivision. There shall also be given the name of the owner

19  of record of each lot or parcel where practicable, and in all

20  cases there shall be given a statement of the method of

21  assessment used by the engineer for determining the benefits.

22         2.  The total cost of the improvements and the amount

23  of incidental expense.

24         (g)  The preliminary roll shall be advisory only and

25  shall be subject to the action of the board as hereafter

26  provided. Upon the filing with the secretary of the board of

27  the preliminary assessment roll, the secretary of the board

28  shall publish at least once in a newspaper published in

29  Broward County in general circulation within the district a

30  notice stating that at a meeting of the board to be held on a

31  certain day and hour, not less than 15 days from the date of

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  such publication, which meeting may be a regular, adjourned,

 2  or special meeting, all interested persons may appear and file

 3  written objections to the confirmation of such roll. Such

 4  notice shall state the class of the assessable improvements

 5  and the location thereof by terminal points and route.

 6         (h)  At the time and place stated in such notice, the

 7  board shall meet and receive the objections in writing of all

 8  interested persons as stated in such notice. The board may

 9  adjourn the hearing from time to time. After the completion

10  thereof the board shall annul, sustain, or modify in whole or

11  in part the prima facie assessment as indicated on such roll,

12  either by confirming the prima facie assessment against any or

13  all lots or parcels described therein or by canceling,

14  increasing, or reducing the same, according to the special

15  benefits which the board decides each such lot or parcel has

16  received or will receive on account of such improvement. If

17  any property that may be chargeable under this section shall

18  have been omitted from the preliminary roll or if the prima

19  facie assessment shall not have been made against it, the

20  board may place on such roll an apportionment to such

21  property. The board shall not confirm any assessment in excess

22  of the special benefits to the property assessed and the

23  assessments so confirmed shall be in proportion to the special

24  benefits. Forthwith after such confirmation such assessment

25  roll shall be delivered to the secretary of the board. The

26  assessment so made shall be final and conclusive as to each

27  lot or parcel assessed unless proper steps are taken within 30

28  days in a court of competent jurisdiction to secure relief. If

29  the assessment against any property shall be sustained or

30  reduced or abated by the court, the secretary of the board

31  shall note that fact on the assessment roll opposite the

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  description of the property affected thereby. The amount of

 2  the special assessment against any lot or parcel which may be

 3  abated by the court, unless the assessment upon all benefited

 4  property be abated, or the amount by which such assessment is

 5  so reduced, may by resolution of the board be made chargeable

 6  against the district at large; or, at the discretion of the

 7  board, a new assessment roll may be prepared and confirmed in

 8  the manner herein above provided for the preparation and

 9  confirmation of the original assessment roll.

10         (i)  Pending the final confirmation of such special

11  assessments in the manner provided in this subsection, the

12  district shall have a lien on all such lands and real estate

13  after the confirmation of the initial resolution, in the

14  manner provided in this subsection.

15         (7)(a)  The district engineer, under the procedure

16  provided for in this subsection shall next, after the passage

17  of the initial resolution and filing of the plans and

18  estimates of cost by the district engineer, prepare an

19  assessment roll for the district in duplicate, which

20  assessment roll shall contain an apportionment of the

21  estimated total cost of the improvement as between the

22  district and each lot or parcel of land subject to the special

23  assessment under the initial resolution, such apportionment to

24  be made in accordance with the provisions of the initial

25  resolution. One of the duplicates of said assessment roll

26  shall be filed with the secretary of the board and the other

27  duplicate shall be retained by the district engineer in his or

28  her files, all thereof to remain open to public inspection.

29         (b)  Upon the completion and filing of said assessment

30  roll the secretary to the board shall cause a copy thereof to

31  be published once in a newspaper published in Broward County

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  and in general circulation within the district, together with

 2  a notice directed to all property owners interested in said

 3  special assessments, stating that at a meeting of the board on

 4  a certain day and hour, not earlier than 15 days after such

 5  publication, the board sitting as an equalizing board, will

 6  hear objections of all interested persons to the final

 7  confirmation of such assessment roll, and will finally confirm

 8  such assessment roll or take such action relative thereto as

 9  it deems necessary and advisable. A copy of the notice shall

10  be mailed to the landowners of the land to be benefited by

11  construction of the assessable improvement. The landowners

12  shall be determined by reference to the last available tax

13  roll of Broward County. The secretary of the board shall keep

14  a record in which shall be inscribed, at the request of any

15  person, firm, or corporation having or claiming to have any

16  interest in any lot or parcel of land, the name and post

17  office address of such person, firm, or corporation, together

18  with a brief description or designation of such lot or parcel,

19  and it shall be the duty of the secretary of the board to mail

20  a copy of such notice to such person, firm, or corporation at

21  such address at least 10 days before the time for the hearing

22  as stated in such notice, but the failure of the secretary of

23  the board to keep such record or so to inscribe any name or

24  address or to mail any such notice shall not constitute a

25  valid objection to holding the hearing as provided in this

26  section or to any other action taken under the authority of

27  this section.

28         (c)  At the time and place named in the notice provided

29  for in paragraph (b), the board shall meet as an equalizing

30  board to hear and consider any and all complaints as to said

31  special assessments, and shall adjust and equalize the said

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  special assessments on a basis of justice and right, and when

 2  so equalized and approved such special assessments shall stand

 3  confirmed and remain legal, valid, and binding liens upon the

 4  properties upon which such special assessments are made, until

 5  paid in accordance with the provisions of this act; provided,

 6  however, that upon the completion of such improvements, if the

 7  actual cost of such assessable improvements is less than the

 8  amount of such special assessments levied, the district shall

 9  rebate to the owners of any properties which shall have been

10  specially assessed for such assessable improvements the

11  difference in the special assessments as originally made,

12  levied, and confirmed, and the proportionate part of the

13  actual cost of said assessable improvements as finally

14  determined upon the completion of said assessable

15  improvements; and in the event that the actual cost of said

16  assessable improvements shall be more than the amount of such

17  special assessments confirmed and levied, finally determined

18  upon the completion of said assessable improvements, the

19  proportionate part of such excess cost of such assessable

20  improvements may be levied against all of the lands and

21  properties against which such special assessments were

22  originally levied, or, in the alternative, the board may, in

23  its discretion, pay such excess cost from any legally

24  available funds.

25         (d)  All objections to any such assessment roll on the

26  ground that it contains items which cannot be properly

27  assessed against property, or that it is, for any default or

28  defect in the passage or character of the assessment roll or

29  the plans or specifications or estimate, void or voidable in

30  whole or in part, or that it exceeds the power of the board,

31  shall be made in writing in person or by attorney, and filed

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  with the secretary of the board at or before the time or

 2  adjourned time of such hearing on the assessment roll. Any

 3  objections against the making of any assessable improvements

 4  not so made shall be considered as waived, and if any

 5  objections shall be made and overruled or shall not be

 6  sustained, the confirmation of the assessment roll shall be

 7  the final adjudication of the issue presented unless proper

 8  steps shall be taken in a court of competent jurisdiction to

 9  secure relief within 20 days.

10         (e)  All the provisions of subsection (6) not

11  inconsistent with this subsection shall apply to the levy of

12  special assessments under this subsection.

13         (8)(a)  Any assessment may be paid at the office of the

14  secretary of the board within 60 days after the confirmation

15  thereof, without interest. Thereafter all assessments shall be

16  payable in equal installments, with interest as determined by

17  the board, not to exceed 10 percent per year, from the

18  expiration of said 60 days in each of the succeeding number of

19  years which the board shall determine by resolution, not

20  exceeding 20; provided, however, that the board may provide

21  that any assessment may be paid at any time before due,

22  together with interest accrued thereon to the date of payment,

23  if such prior payment shall be permitted by the proceedings

24  authorizing any assessment bonds or other obligations for the

25  payment of which such special assessments have been pledged.

26         (b)  All such special assessments levied pursuant to

27  this act may, in the discretion of the board, be collected by

28  the tax collector of the county at the same time as the

29  general county taxes are collected by the tax collector of the

30  county, and the board shall in such event certify to the

31  county tax collector in each year a list of all such special

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  assessments and a description of and names of the owners of

 2  the properties against such special assessments have been

 3  levied and the amounts due thereof in such year, and interest

 4  thereon for any deficiencies for prior years. The amount to be

 5  collected in such year may include, in the discretion of the

 6  board, the principal installment of such special assessments

 7  which will become due at any time in the next succeeding

 8  fiscal year, and all or any part of the interest which will

 9  become due on such special assessments during such next fiscal

10  year, together with any deficiencies for prior years.

11         (c)  The board may, in lieu of providing for the

12  collection of said special assessments by the tax collector of

13  the county, provide for the collection of said special

14  assessments by the district under such terms and conditions as

15  the board shall determine. In such event, the bills or

16  statements for the amounts due in any fiscal year shall be

17  mailed to the owners of all properties affected by such

18  special assessments at such time or times as the board shall

19  determine and such bills or statements may include all or any

20  part of the principal and interest which will mature and

21  become due on the annual installments of such special

22  assessments during the fiscal year in which installments of

23  such special assessments are payable.

24         (d)  All charges of the county tax collector or of the

25  district, and the fees, costs, and expenses of any paying

26  agents, trustees, or other fiduciaries for assessment bonds

27  issued under this act, shall be deemed to be costs of the

28  operation and maintenance of any drainage improvements in

29  connection with which such special assessments were levied and

30  the board shall be authorized and directed to provide for the

31  payment each year of such costs of collection, fees, and other

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  expenses from the maintenance tax as provided in this act as

 2  shall be mutually agreed upon between the board and the county

 3  tax collector as additional compensation for his or her

 4  services for each such assessment district in which the

 5  special assessments are collected by him or her.

 6         (e)  All assessments shall constitute a lien upon the

 7  property so assessed from the date of final confirmation

 8  thereof, of the same nature and to the same extent as the lien

 9  for general county taxes falling due in the same year or years

10  in which such assessments or installments thereof fall due,

11  and any assessment or installment not paid when due shall be

12  collectable with such interest and with reasonable attorney's

13  fee and costs, but without penalties, by the district by

14  proceedings in a court of equity to foreclose the line of

15  assessments as a lien for mortgages is or may be foreclosed

16  under the laws of the state; provided that any such

17  proceedings to foreclose shall embrace all installments of

18  principal remaining unpaid with accrued interest thereon,

19  which installments shall, by virtue of the institution of such

20  proceedings, immediately become due and payable. Nevertheless,

21  if, prior to any sale of the property under decree of

22  foreclosure in such proceedings, payment is made of the

23  installment or installments which are shown to be due under

24  the provisions of subsection (6) or subsection (7), and by

25  this subsection and all costs, including interest and

26  reasonable attorney's fees, such payment shall have the effect

27  of restoring the remaining installments to their original

28  maturities as provided by the resolution passed pursuant to

29  subsection (8) and the proceedings shall be dismissed. It

30  shall be the duty of the board to enforce the prompt

31  collection of assessment by the means herein provided, and

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  such duty may be enforced at the suit of any holder of bonds

 2  issued under this act in a court of competent jurisdiction by

 3  mandamus or other appropriate proceedings or action. Not later

 4  than 30 days after the annual installments are due and

 5  payable, it shall be the duty of the board to direct the

 6  attorney for the district to institute actions within 2 months

 7  after such direction to enforce the collection of all special

 8  assessments for assessable improvements made under this

 9  section and remaining due and unpaid at the time of such

10  direction. Such action shall be prosecuted in the manner and

11  under the conditions in and under which mortgages are

12  foreclosed under the laws of the state. It shall be lawful to

13  join in one action the collection of assessments against any

14  or all property assessed by virtue of the same assessment roll

15  unless the court shall deem such joinder prejudicial to the

16  interest of any defendant. The court shall allow a reasonable

17  attorney's fee for the attorney for the district and the same

18  shall be collectable as a part of or in addition to the costs

19  of the action. At the sale pursuant to decree in any such

20  action, the district may be a purchaser to the same extent as

21  an individual person or corporation, except that the part of

22  the purchase price represented by the assessments sued upon

23  and the interest thereon need not be paid in cash. Property so

24  acquired by the district may be sold or otherwise disposed of.

25         (f)  All assessments and charges made under the

26  provisions of this section for the payment of all or any part

27  of the cost of any assessable improvements for which

28  assessment bonds shall have been issued under the provisions

29  of this act, or which have been pledged as additional security

30  for any other bonds or obligations issued under this act,

31  shall be maintained in a special fund or funds and be used

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  only for the payment of principal or interest on such

 2  assessment bonds or other bonds or obligations.

 3         (g)  Broward County and each school district and other

 4  political subdivision wholly or partly within the district

 5  shall possess the same power and be subject to the same duties

 6  and liabilities in respect of assessments under this section

 7  affecting the real estate of such county, school district, or

 8  other political subdivision which private owners of real

 9  estate possess or are subject to hereunder, and such real

10  estate of any such county, school district, and political

11  subdivision shall be subject to liens for said assessments in

12  all cases where the same property would be subject to such

13  liens had it at the time the lien attached been owned by a

14  private owner.

15         Section 43.  Issuance of certificates of indebtedness

16  based on assessments for assessable improvements; assessment

17  bonds.--

18         (1)  The board may, after any assessments for

19  assessable improvements are made, determined, and confirmed as

20  provided in section 42, issue certificates of indebtedness for

21  the amount so assessed against the abutting property or

22  property otherwise benefited, as the case may be, and separate

23  certificates shall be issued against each part or parcel of

24  land or property assessed, which certificates shall state the

25  general nature of the improvement for which the said

26  assessment is made. Said certificates shall be payable in

27  annual installments in accordance with the installments of the

28  special assessment for which they are issued. The board may

29  determine the interest to be borne by such certificates, not

30  to exceed 10 percent per year, and may sell such certificates

31  at either private or public sale and determine the form,

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    32-1887-05                                         See HB 1479




 1  manner of execution, and other details of such certificates.

 2  Such certificates shall recite that they are payable only from

 3  the special assessments levied and collected from the part or

 4  parcel of land or property against which they are issued. The

 5  proceeds of such certificates may be pledged for the payment

 6  of principal of and interest on any revenue bonds or general

 7  obligation bonds issued to finance in whole or in part such

 8  assessable improvement, or, if not so pledged, may be used to

 9  pay the cost or part of the cost of such assessable

10  improvements.

11         (2)  The district may also issue assessment bonds or

12  other obligations payable from a special fund into which such

13  certificates of indebtedness referred to in subsection (1) may

14  be deposited; or, if such certificates of indebtedness have

15  not been issued, the district may assign to such special fund

16  for the benefit of the holders of such assessment bonds or

17  other obligations, or to a trustee for such bondholders, the

18  assessment liens provided for in this act unless such

19  certificates of indebtedness or assessment liens have been

20  theretofore pledged for any bonds or other obligations

21  authorized hereunder. In the event of the creation of such

22  special fund and the issuance of such assessment bonds or

23  other obligations, the proceeds of such certificates of

24  indebtedness of assessment liens deposited therein shall be

25  used only for the payment of the assessment bonds or other

26  obligations issued as provided in this section. The district

27  is hereby authorized to covenant with the holders of such

28  assessment bonds or other obligations that it will diligently

29  and faithfully enforce and collect all the special assessments

30  and interest and penalties thereon for which such certificates

31  of indebtedness or assessment liens have been deposited in or

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    32-1887-05                                         See HB 1479




 1  assigned to such fund and to foreclose such assessment liens

 2  so assigned to such special fund or represented by the

 3  certificates of indebtedness deposited in said special fund,

 4  after such assessment liens have become delinquent, and

 5  deposit the proceeds derived from such foreclosure, including

 6  interest and penalties, in such special fund, and to make any

 7  other covenants deemed necessary or advisable in order to

 8  properly secure the holders of such assessment bonds or other

 9  obligations.

10         (3)  The assessment bonds or other obligations issued

11  pursuant to this section shall have such dates of issue and

12  maturity as shall be deemed advisable by the board, provided,

13  however, that the maturities of such assessment bonds or other

14  obligations shall not be more than 2 years after the due date

15  of the last installment which will be payable on any of the

16  special assessments for which such assessment liens, or the

17  certificates of indebtedness representing such assessment

18  liens, are assigned to or deposited in such special fund.

19         (4)  Such assessment bonds or other obligations issued

20  under this section shall bear such interest as the board may

21  determine not to exceed 10 percent per year, shall be

22  executed, shall have such provisions for redemption prior to

23  maturity, and shall be sold in the manner and be subject to

24  all of the applicable provisions contained in this act for

25  revenue bonds, except as the same may be inconsistent with the

26  provisions of this section.

27         (5)  All assessment bonds or other obligations issued

28  under the provisions of this act, except certificates of

29  indebtedness issued against separate lots or parcels of land

30  or property as provided in this section, shall be and

31  constitute and have all the qualities and incidents of

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  negotiable instruments under the law merchange and the laws of

 2  the state.

 3         Section 44.  Foreclosure of liens.--Any lien in favor

 4  of the district arising under chapter 298, Florida Statutes,

 5  or under this act may be foreclosed by the district by

 6  foreclosure proceedings in the name of the district in the

 7  circuit court in like manner as is provided in chapter 173,

 8  Florida Statutes, and amendments thereto, and the provisions

 9  of said chapter shall be applicable to such proceedings with

10  the same force and effect as if said provisions were expressly

11  set forth in this act. Any act required or authorized to be

12  done by or on behalf of a city or town in foreclosure

13  proceedings under chapter 173, Florida Statutes, may be

14  performed by such officer or agent of the district as the

15  board of supervisors may designate. Such foreclosure

16  proceedings may be brought at any time after the expiration of

17  1 year after the date any tax, or installment thereof, becomes

18  delinquent.

19         Section 45.  Payment of taxes and redemption of tax

20  liens by the district; sharing in proceeds of tax sale under

21  section 197.520, Florida Statutes, as amended.--

22         (1)  The district has the right to:

23         (a)  Pay any delinquent state, county, district,

24  municipal, or other tax or assessment upon lands located

25  wholly or partially within the boundaries of the district.

26         (b)  Redeem or purchase any tax sales certificate

27  issued or sold on account of any state, county, district,

28  municipal, or other taxes or assessments upon lands located

29  wholly or partially within the boundaries of the district.

30         (2)  Delinquent taxes paid, or tax sales certificates

31  redeemed or purchased, by the district, together with all

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  penalties for the default in payment of the same and all costs

 2  in collecting the same and a reasonable attorney's fee, shall

 3  constitute a lien in favor of the district of equal dignity

 4  with the liens of state and county taxes and other taxes of

 5  equal dignity with state and county taxes, upon all the real

 6  property against which said taxes were levied. The lien of the

 7  district may be foreclosed in the manner provided in this act.

 8         (3)  In any sale of land pursuant to section 197.520,

 9  Florida Statutes, and amendments thereto, the district may

10  certify to the clerk of the circuit court of the county

11  holding such sale, the amount of taxes due to the district

12  upon the lands sought to be sold, and the district shall share

13  in the disbursement of the sales proceeds in accordance with

14  the provisions of this act and under law.

15         Section 46.  Mandatory use of certain district

16  facilities and services.--The district may require all lands,

17  buildings, and premises, and all persons, firms, and

18  corporations within the district to use the drainage,

19  reclamation, and water and sewer facilities of the district.

20  Subject to such exceptions as may be provided by the

21  resolutions, rules, or bylaws of the board, and subject to the

22  terms and provisions of any resolution authorizing any bonds

23  and agreements with bondholders, no drainage and reclamation

24  or water and sewer facilities shall be constructed or operated

25  within the district unless the board gives its consent thereto

26  and approves the plans and specifications therefor.

27         Section 47.  Bids required.--No contract shall be let

28  by the board for the construction or maintenance of any

29  project authorized by this act, nor shall any goods, supplies,

30  or materials be purchased when the amount thereof to be paid

31  by said district shall exceed $4,000, unless notice of bids

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  shall be advertised once a week for 2 consecutive weeks in a

 2  newspaper published in Broward County and in general

 3  circulation within the district, and in each case the bid of

 4  the lowest responsible bidder shall be accepted, unless all

 5  bids are rejected because the bids are too high. The board may

 6  require the bidders to furnish bond with responsible surety to

 7  be approved by the board. Nothing in this section shall

 8  prevent the board from undertaking and performing the

 9  construction, operation, and maintenance of any project or

10  facility authorized by this act, by the employment of labor,

11  material, and machinery.

12         Section 48.  Maintenance of projects across

13  rights-of-way.--The district shall have the power to construct

14  and operate its projects in, along, or under any dedications

15  to the public, platted rights-of-way, platted reservations,

16  streets, alleys, highways, or other public places or ways, and

17  across any drain, ditch, canal, floodway, holding basin,

18  excavation, grade, fill, or cut, within or without the

19  district.

20         Section 49.  Agreements with state commissions and

21  others.--The board shall have the power to retain and enter

22  into agreements with fiscal agents, financial advisors, state

23  commissions, engineers, and other consultants or advisors with

24  respect to the issuance and sale of any bonds, and the cost

25  and expense thereof may be treated as part of the cost and

26  expense of such project. Upon request of the board any state

27  commission may provide such technical assistance or other

28  services relating to bond issues as may be necessary or

29  desirable under the circumstances.

30         Section 50.  Agreements with other political bodies for

31  the joint discharge of common functions.--The board and any

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  other political bodies, whether now in existence or hereafter

 2  created, are authorized to enter into and carry into effect

 3  contracts and agreements relating to the common powers,

 4  duties, and functions of the board and any other political

 5  bodies, to the end that there may be effective cooperation and

 6  coordination in discharging their common functions, powers,

 7  and duties.

 8         Section 51.  Fees, rentals, and charges; procedure for

 9  adoption and modifications; minimum revenue requirements.--

10         (1)  The district is authorized to prescribe, fix,

11  establish, and collect rates, fees, rentals, or other charges

12  (hereinafter sometimes referred to as "revenues"), and to

13  revise the same from time to time, for the facilities and

14  services furnished by the district, within or without the

15  limits of the district; including, but not limited to,

16  drainage facilities, recreation facilities, and water and

17  sewer systems, to recover the costs of making connection with

18  any district facility or system; and to provide for reasonable

19  penalties against any user or property for any such rates,

20  fees, rentals, or other charges that are delinquent.

21         (2)  No such rates, fees, rentals, or other charges for

22  any of the facilities or services of the district shall be

23  fixed until after a public hearing at which all the users of

24  the proposed facility or services, owners, tenants, or

25  occupants served or to be served thereby and all other

26  interested persons shall have an opportunity to be heard

27  concerning the proposed rates, fees, rentals, or other

28  charges. Notice of such public hearing setting forth the

29  proposed schedule or schedules of rates, fees, rentals, and

30  other charges shall have been published in a newspaper in

31  Broward County in general circulation within the district at

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  least once at least 10 days prior to such public hearing,

 2  which may be adjourned from time to time. After such hearing

 3  such schedule or schedules, either as initially proposed, or

 4  as modified or amended, may be finally adopted. A copy of the

 5  schedule or schedules of such rates, fees, rentals, or charges

 6  as finally adopted shall be kept on file in an office

 7  designated by the board and shall be open at all reasonable

 8  times to public inspection. The rates, fees, rentals, or

 9  charges so fixed for any class of users or property served

10  shall be extended to cover any additional users or properties

11  thereafter served which shall fall in the same class, without

12  the necessity of any notice or hearing. Any change or revision

13  of rates, fees, rentals, or charges may be made in the same

14  manner as the same were originally established, as hereinabove

15  provided, except that if such changes or revisions are made

16  substantially pro rata as to all classes of the type of

17  service involved no notice or hearing shall be required.

18         (3)  Such rates, fees, rentals, and charges shall be

19  just, equitable, and uniform for users of the same class, and

20  where appropriate may be based or computed either upon the

21  amount of service furnished or upon the number or average

22  number of persons residing or working or otherwise occupying

23  the premises served, or upon any other factor affecting the

24  use of the facilities furnished, or upon any combination of

25  the foregoing factors, as may be determined by the board on an

26  equitable basis.

27         (4)  The rates, fees, rentals, or other charges

28  prescribed shall be such as will produce revenues, together

29  with any other assessments, taxes, revenues, or funds

30  available or pledged for such purpose, at least sufficient to

31  

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  provide for the items hereinafter listed, but not necessarily

 2  in the order stated:

 3         (a)  To provide for all expenses of operation and

 4  maintenance of such facility or service.

 5         (b)  To pay when due all bonds and interest thereon for

 6  the payment of which such revenues are, or shall have been,

 7  pledged or encumbered, including reserves for such purpose.

 8         (c)  To provide for any other funds which may be

 9  required under the resolution or resolutions authorizing the

10  issuance of bonds pursuant to this act.

11         (5)  The board shall have the power to enter into

12  contracts for the use of the projects of the district and with

13  respect to the services and facilities furnished or to be

14  furnished by the district, including, but not limited to,

15  service agreements with landowners and others within or

16  without the district providing for the drainage of land by the

17  district or the furnishing of any of the other services and

18  facilities of the district, for such consideration and on such

19  other terms and conditions as the board may approve. No

20  hearing or notice thereof shall be required prior to the

21  authorization or execution by the board of any such contract

22  or agreement, and the same shall not be subject to revision

23  except in accordance with their terms. Such contracts or

24  agreements, and revenues or service charges received or to be

25  received by the district thereunder, may be pledged as

26  security for any of the lands of the district.

27         Section 52.  Recovery of delinquent charges.--In the

28  event that any of the rates, fees, rentals, charges, or

29  delinquent penalties shall not be paid as and when due and

30  shall be in default for 30 days or more, the unpaid balance

31  thereof and all interest accrued thereon, together with

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    Florida Senate - 2005        (NP)                      SB 2764
    32-1887-05                                         See HB 1479




 1  reasonable attorney's fees and costs, may be recovered by the

 2  district in a civil action.

 3         Section 53.  Discontinuance of service.--In the event

 4  that the fees, rentals, or other charges for the services and

 5  facilities of any project are not paid when due, the board

 6  shall have the power to discontinue and shut off the same

 7  until such fees, rentals, or other charges, including

 8  interest, penalties, and charges for the shutting off and

 9  discontinuance and the restoration of such services and

10  facilities, are fully paid, and for such purposes may enter on

11  any lands, waters, and premises of any person, firm,

12  corporation, or body, public or private, within or without the

13  district limits. Such delinquent fees, rentals, or other

14  charges, together with interest, penalties, and charges for

15  the shutting off and discontinuance and the restoration of

16  such services and facilities, and the reasonable attorney's

17  fees and other costs, may be recovered by the district, which

18  may also enforce payment of such delinquent fees, rentals, or

19  other charges by any other lawful method of enforcement.

20         Section 54.  Action taken on consent of

21  landowners.--Any action required under this act or under

22  chapter 298, Florida Statutes, to be taken on public hearing

23  for the purpose of receiving and passing on objections by

24  landowners may be taken without such notice or hearing upon

25  the written consent of all of the landowners affected by such

26  action.

27         Section 55.  Enforcement and penalties.--The board or

28  any aggrieved person may have recourse to such remedies in law

29  and equity as may be necessary to ensure compliance with the

30  provisions of this act, including injunctive relief to enjoin

31  or restrain any person violating the provisions of this act;

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 1  and any bylaws, resolutions, regulations, rules, codes, and

 2  orders adopted under this act. In case any building or

 3  structure is erected, constructed, reconstructed, altered,

 4  repaired, converted, or maintained, or any building,

 5  structure, land, or water is used, in violation of this act,

 6  or of any code, order, resolution or other regulation made

 7  under authority conferred by this act or under law, the board

 8  and any citizen residing in the district may institute any

 9  appropriate action or proceeding to prevent such unlawful

10  erection, construction, reconstruction, alteration, repair,

11  conversion, maintenance, or use; to restrain, correct, or

12  avoid such violation; to prevent the occupancy of such

13  building, structure, land, or water; and to prevent any

14  illegal act, conduct, business, or use in or about such

15  premises, land, or water.

16         Section 56.  Suits against the district.--No suit or

17  action shall be brought or maintained against the district for

18  damages arising out of tort or breach of contract, including,

19  without limitation, any claim arising upon account of an act

20  causing a wrongful death, unless written notice of such claim

21  is received within 180 days after receiving the alleged injury

22  given to the secretary of the board, with detailed

23  specifications as to the time, place, and manner of injury. No

24  such suit or action shall be brought or maintained unless

25  brought within 24 months after the time of the injury or

26  damages.

27         Section 57.  Exemption of district property from

28  execution.--All district property shall be exempt from levy

29  and sale by virtue of an execution and no execution or other

30  judicial process shall issue against such property, nor shall

31  any judgment against the district be a charge or lien on its

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    Florida Senate - 2005        (NP)                      SB 2764
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 1  property or revenues, provided that nothing herein contained

 2  shall apply to or limit the rights of bondholders to pursue

 3  any remedy for the enforcement of any lien or pledge given by

 4  the district in connection with any of the bonds or

 5  obligations of the district.

 6         Section 4.  Chapters 71-580, 84-398, 85-387, 87-505,

 7  89-440, 91-353, 92-245, 94-445, and 96-537, Laws of Florida,

 8  are repealed.

 9         Section 5.  If any one or more of the sections or

10  provisions of this act or the application of such sections or

11  provisions to any situation, circumstances, or person, shall

12  for any reason be held to be unconstitutional, such

13  unconstitutionality shall not affect any other sections or

14  provisions as to any other situation, circumstances or person,

15  and it is intended that this law shall be construed and

16  applied as if such section or provision had not been included

17  herein for any unconstitutional application.

18         Section 6.  This act shall take effect upon becoming a

19  law.

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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